What is the trademark revocation defense and what materials need to be submitted
Reply for trademark revocation for three years (no revocation for three years) Trademark use defense) is the response of the subject being applied for cancellation to the applicant who has not used the trademark for three consecutive years. Cancellation of trademarks that have not been used for three consecutive years is widely found in trademark disputes. Many entities usually use the trademark for three consecutive years. File a cancellation application for a trademark on the grounds of non-use, thereby giving yourself the right to use it or giving yourself the right to re-register it.
The withdrawal of the third defense is the respondent’s response to the withdrawal To file an objection, collect relevant evidence and materials showing that you have used the trademark in the past three years, allowed others to use the trademark, or have legitimate reasons not to use the trademark to challenge the applicant and make a defense.
If the defense is successful, the exclusive right to use the trademark and the owner of the right to use it will be able to continue to be maintained unchanged (the reason why it is possible but not necessarily is because even if the trademark defense is successful, the applicant may still file a reexamination application for withdrawal) , and if you fail to defend or do not defend (even if you expect to fail in your defense, it is best to defend, because doing a defense will increase the success rate. If you do not defend, the examiner will be more biased towards the applicant, which is good for you. Unfavorable.
After the defense fails, the withdrawal procedure will proceed normally, which does not necessarily lead to the cancellation of your trademark. You can submit a withdrawal review to the Trademark Review and Adjudication Review Board. If you are still dissatisfied with the trademark review The committee's ruling may further lead to a lawsuit against the Trademark Review and Adjudication Board in the People's Court. However, one thing needs to be noted. If you really cannot find evidence that the trademark has been used in the past three years, it is recommended that the respondent not go through so many procedures, because the cost of doing so is huge, both in terms of time and money). If the trademark is The consequence of revocation is that the respondent loses its exclusive rights to the trademark.
Evidence materials must first meet the following requirements: span>
First, the evidence must include the trademark being applied for logo. Otherwise, the use of the applied trademark cannot be proven.
Second, the evidence must be able to show The user of the applied trademark.
Third, the evidence materials must reflect Use the trademark on the goods for which it has been approved.
Fourth, the evidence materials must be in the required form occurs within a consecutive three-year period, that is, three years are projected forward from the date of application for cancellation.
Fifth, the evidence materials must be original or passed Notarized copy.
Generally speaking, evidence of trademark use often includes: transaction invoices marked with the company's detailed trademark name within the required three consecutive years, signed trademarks Registration number and name related contracts, television or newspaper advertisements or other advertising evidence, product inspection or quality inspection scan code and other evidence materials, and other materials that can prove that the enterprise has used the trademark.
Find evidence that the trademark registrant licenses others to use the registered trademark, and the licensee’s use of the trademark , is also regarded as use by the trademark registrant, but it should clearly reflect the licensed use relationship between the trademark registrant and the licensee.
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