What are the conditions and procedures for applying to cancel a registered trademark
The registered trademark should be used continuously. If the registered trademark has been used for three consecutive years If the use of the trademark is stopped, anyone can apply to the Trademark Office to cancel the registered trademark. The use of the above-mentioned trademarks includes using the trademarks on goods, product packaging or containers, and commodity transaction documents, or using the trademarks for advertising, exhibitions, and other business activities.
After the Trademark Office receives the applicant’s cancellation application, the Trademark Office will notify the trademark registrant within three months from the date of receipt of the notice. Provide evidence of use of the trademark within the above three-year period or justifiable reasons for non-use. If evidence of use is not provided within the time limit or the evidence is invalid, the Trademark Office will revoke the registered trademark.
If the trademark registrant is dissatisfied with the Trademark Office’s cancellation decision, the trademark registrant may submit a review to the Trademark Review and Adjudication Board.
Three years.
Procedure:
(1) When entrusting a trademark agency to handle the matter, the applicant can voluntarily choose any A nationally recognized trademark agency handles the matter. All trademark agencies registered with the Trademark Office are published in the "Agency" column.
(2) If the applicant goes directly to the trademark registration hall, the applicant can follow the following steps:
Prepare the application documents → Submit the application documents at the acceptance window of the trademark registration hall → Print the bar code at the coding window → Pay the application fee at the payment window → Check the decision letter whether to cancel the registered trademark
Documents and materials to be provided:1. "Trademark Agency Power of Attorney": If you entrust a trademark agency to act as an agent, A document stamped with the applicant’s stamp is required.Power of attorney. Applicants from outside mainland China who want to apply for cancellation of a registered trademark that has not been used for three consecutive years in China must entrust a trademark agency to do so.
2. "Application for Cancellation of Non-Use of a Registered Trademark for Three Consecutive Three Years": If an agency is entrusted to apply for registration, it shall be prepared by the agency.
3. A copy of the Trademark Announcement of the canceled registered trademark; and an explanation of the use of the canceled trademark.
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