1. What does "revocation of non-use pending review for three years" mean?
"Cancellation of three-year non-use pending review" refers to the cancellation of a trademark that has not been used for three consecutive years to avoid occupying resources. If someone else wants to register that trademark, they may file a request to the Trademark Office to cancel the trademark after not using it for three years. Whether the revocation is approved depends on the circumstances. But the result is not absolute. If you want to avoid being revoked, you must have proof of use within three consecutive years, such as signed contracts, business cards, etc. The Trademark Office will review it depending on the situation. As long as the evidence is sufficient, it may not be It is revoked.
Article 44 of the "Trademark Law of the People's Republic of China" stipulates that if a registered trademark ceases to be used for three consecutive years, the Trademark Office will revoke the registered trademark.
2. Within which period should a trademark objection be filed
Trademark opposition must be filed within the opposition period. Because trademark registration serves the production and circulation of goods, unlimited objections delay the time limit, affect the timely confirmation of trademark rights, and affect the production and circulation of goods. Therefore, Article 30 of the Trademark Law stipulates that objections must be filed within 3 months from the date of preliminary examination. Trademark objections filed beyond this period will not be accepted by the Trademark Office.
Trademark opposition is a necessary procedure for trademark registration stipulated in the Trademark Law. Anyone can file an objection to a trademark that has been initially reviewed and announced to the Trademark Office within the statutory period.
Essentially, a trademark objection is an act in which two parties have a dispute over the confirmation of trademark rights and request the Trademark Office to make an administrative ruling. After a preliminary approval of a trademark is opposed, the rights will be in an uncertain state, and it will not be determined whether the trademark has been approved for registration until an effective opposition ruling or judicial judgment is made. At the same time, the provisions on the time limit for trademark opposition also involve the interests of all parties in a series of subsequent procedures, such as registered trademarksWhether the right of use can take effect and the effective start date, the start and end date of the exclusive right after the registered trademark is renewed, etc. Therefore, determining the starting date of the trademark opposition period is of great significance to the trademark registration review work.
The above is the answer to this question given by the editor of Legal Savior Network. We can understand that "revocation of non-use pending trial for three years" refers to the continuous Trademarks that have not been used for three years will be revoked to avoid occupying resources. If you have other questions, Legal Savior Network also provides professional lawyer online consultation services. You are welcome to have legal consultation again.
