What is the sample supplementary reason for the defense for withdrawal of the third review?

When the case is being reviewed, it is also important to respond in accordance with legal procedures. So during this process, if a reexamination of the three-year withdrawal is required, what reasons need to be added? This is an issue that needs to be understood clearly. You can understand it through the following content. The editor of Legal Savior Network has compiled the following content to answer your questions. I hope it will be helpful to you.

What is the sample of supplementary reasons for withdrawal of three-year review defense?

National Industry and Commerce Trademark Review and Adjudication Committee of the State Administration of Administration:

The "Notice of Defense for Trademark Review and Adjudication Cases" No. XXXX issued by your committee has been received. A certain limited company (hereinafter referred to as the "respondent") has submitted its reasons for defense to a company (hereinafter referred to as the "applicant") for the review application of Trademark No. The reasons are as follows:

1. Brief introduction of the respondent’s company.

The respondent is a high-tech enterprise integrating scientific research and development, technical consulting, equipment manufacturing, and sales services. Located in XXX, it covers an area of ​​40,000 square meters and a construction area of ​​28,000 square meters. [Evidence 1: Picture of a certain control company] The respondent has a united, progressive, pioneering and innovative team with 120 employees and 25 senior engineers. The respondent jointly established a research and development center with XX University and the Institute of Electrical Engineering of the Chinese Academy of Sciences, prepared to build a key laboratory, and established a postdoctoral workstation [Evidence 2: Company introduction of a control company].

2. The Trademark Office has ruled to revoke the review trademark. The trademark is no longer valid.

In accordance with Article 44 of the "Trademark Law", the respondent submitted an "Application for Cancellation of the No. XX "XX" Registered Trademark for Non-use for Three Consecutive Years" to the Trademark Office. , the Trademark Office accepted the application and issued a notice of revocation of non-use of the trademark for three consecutive years to the applicant. However, the applicant did not make a reply and submit relevant evidence of use of the trademark for review within the time limit specified by the Trademark Office. The trademark under review has been The Trademark Office revoked [Evidence 3: Decision on cancellation application of registered trademark No. XX “XX” that has not been used for three consecutive years]. Therefore, the trademark is invalid.

3. The evidence that the applicant claimed that he did not receive the relevant notification of the withdrawal of the trademark has not been determined, and it will not have an impact on the decision of the Trademark Office.

The applicant claimed that it did not receive the relevant notice of withdrawal in time, but it did not submit sufficient evidence to prove whether it had received the "Continuous Cancellation" issued by the Trademark Office. "Three-year non-use trademark notice" is valid evidence, and there are no relevant provisions indicating the liability of the applicant if the applicant does not receive the notice. This reason does not affect the decision of the Trademark Office. Therefore, the trademark should be invalid.

4. The trademark use evidence materials submitted by the applicant are inconsistent.

The evidence of trademark use submitted by the applicant is limited to company contracts and bills. It does not reflect any trademark information and cannot prove that it is consistent with the trademark under review. Use relationship, it did not submit evidence of effective actual use of the trademark for review. Therefore, the evidence materials submitted by the applicant for trademark review have nothing to do with the actual use.

5. The respondent has put the trademark under review into use and has gained a certain popularity among general consumer groups.

The respondent has put the review trademark into use since the establishment of the company and spent a lot of time on advertising [Evidence 4: With the review trademark Advertising pictures]. Including website promotion and construction [Evidence 5: Screenshot of the respondent’s promotion website]. And at the same time, the trademark logo is applied to the products [Evidence 6: Respondent’s product pictures] for sale. We now provide some of the respondent’s bills [Evidence 7: Respondent’s sales contract and invoice]. It can be seen from the publicity intensity and sales that the respondent and the product have achieved a certain degree of popularity among general consumer groups.

In summary, the trademark under review is invalid. The applicant failed to submit evidence of use within the prescribed period, and the evidence materials submitted for review had nothing to do with the actual use of the trademark. Therefore, we kindly request your committee to uphold the decision to cancel the XX trademark No. XX.

Respondent: X Co., Ltd.

Agent:X

Year, month, day

After reading this article, we all have a clear understanding of this issue. This is a very important point in practice. Only supplementary reasons can be used to defend the revocation review. This requires a detailed understanding of both parties. Know what the legal provisions are. If you have other questions, please feel free to consult a professional lawyer on the Legal Savior Network.