What are the reasons for the party applying for trademark cancellation
"Most of the parties making the application have sufficient basis. Prove that the registrant of the proposed trademark has indeed not used his trademark for three years. When his application for a registered trademark is rejected, the applicant also files a cancellation application for the registered trademark that has not been used for three years. The party that provides proof of use of the registered trademark, a brief description Justifiable reason for its non-use."
The Trademark Law stipulates that if a trademark has ceased to be used for three consecutive years, the Trademark Office shall order it to correct or cancel its registered trademark within a time limit. Anyone can apply to the Trademark Office to cancel the registered trademark and explain the relevant circumstances.
Indicate the party making the application, Most of them have sufficient basis to prove that the proposed trademark registrant has indeed not used his trademark in the past three years. But some applicants have other reasons:
1. The applicant who proposes to cancel a trademark that has not been used for three years wants to have the exclusive right to a trademark that has been registered for use by someone else. The applicant first proposes to the other party to transfer the registered trademark, but fails to reach an agreement and refuses to give up the name of the registered trademark. , so he came up with this method to cancel the trademark registrant’s exclusive trademark and filed a cancellation application with the Trademark Office. In fact, noteThe registrant had been using his trademark, and the applicant had no other choice but to write a letter and try his luck.
It should be said that the applicant’s intention , is against the legislative purpose of the Trademark Law, but according to the "Details", anyone can apply to the Trademark Office to cancel the registered trademark (meaning that the registered trademark has not been used for three years), and explain the relevant circumstances. The "explanation of relevant circumstances" should mean something.
2. When your application for registered trademark is rejected At that time, the applicant also filed an application for cancellation of the registered trademark if it has not been used for three years. Several companies have used the trademark rejection notice issued by the Trademark Office as a reason to apply for cancellation of a trademark that has not been used for three years. This reason for application is obviously unfair to the trademark registrant. A foreign company once mentioned that the trademark of a company in Chongqing was not in use. After receiving the notice from the Trademark Office to provide proof of trademark use, the trademark registrant immediately sent a letter to provide evidence of trademark use on the one hand, and emphasized in fierce terms on the other hand, Why do foreign companies say out of thin air that our trademark has not been used for three years? In fact, we have been using it. They are making false accusations.
Although the words of the company are a little heavier, they also reflect an objective fact. At this point, the "description of relevant circumstances" in the "Details" should be strictly limited to prevent anyone from taking advantage of this loophole. When anyone files an application for cancellation, a written report should be attached, the content of which should be the market survey results of the proposed trademark cancellation, or the business status survey of the trademark registrant within three years and other relevant documents. Only in this way can the applicant explain It is indeed done in accordance with the law.
2. The party providing proof of use of the registered trademark, State the valid reasons for its non-use
1. Article 29 of the "Implementing Rules of the Trademark Law" also stipulates: The Trademark Office shall notify the trademark registrant and give him or her within three months from the date of receipt of the notice, provide proof of use of the trademark or refrain from using it. Justifiable reasons.
After providing proof of registered trademark Regarding this issue, some countries regard conditions such as the enterprise's willingness to use a registered trademark as evidence of use. That is, the trademark registrant has not used its registered trademark before or within three years, but still has the intention to use it. The trademark supervisor The authoritative authority shall regard it as using a registered trademark. Whether this is suitable for China's national conditions should be discussed separately. And whether the legitimate reasons for not using a trademark should be limited: what is a legitimate reason. What is an unjust reason, external reasons, Reasons caused by superior authorities, reasons caused by subjective poor management, or reasons caused by energy supply, etc., should be followed by laws.
When it comes to providing evidence of registered trademarks, some countries regard conditions such as the enterprise's willingness to use registered trademarks as evidence of use, that is, If a trademark registrant has not used its registered trademark before or within three years, but still has the intention to use it, the trademark authority will treat it as using the registered trademark. Whether this is suitable for China's national conditions is another matter. And trademarks Should the legitimate reasons for non-use be limited: What is a legitimate reason? What is an unjustifiable reason, external reasons, reasons caused by superior authorities, reasons caused by subjective poor management, or reasons caused by energy supply, etc., there should be The law can be followed.
Because of some well-known trademarks or famous The trademark has been registered in a protective manner, and the registrant has also registered a trademark with the same name in other categories of goods to implement protective measures. For this reason, there are many categories of registered trademarks that are not used at all. According to the relevant provisions of the Trademark Law, There is a possibility of cancellation if not used for three years, which is obviously not conducive to the protection and development of well-known trademarks.
So, put forward some legitimate reasons for not using registered trademarks in the "Details"On it, it should be noted that well-known trademarks recognized by the Trademark Office, or famous trademarks recognized by administrative agencies above the ×× level, can be regarded as legitimate reasons for non-use, so as to contribute to the creation and development of well-known trademarks.
3. The trademark registrant made a misunderstanding within the time required to provide proof
Notify the trademark registrant at the Trademark Office that the proposed registered trademark has not been used for three years, and require the registrant to provide the Trademark Office with information about the proposed trademark within three months of receiving the notice. Use supporting materials. During this period, some trademark registrants did not use their registered trademarks within three years and could not provide valid certification materials, but they were not willing to give up their registered trademarks voluntarily, so they used the three months limited by providing certification to try to keep it own trademark.
1. Immediately go to the Trademark Office to apply for a similar application After all, the name trademark and registered trademark are part of the industrial property rights of the enterprise and one of the intangible assets of the enterprise. They can be left idle when not in use. Once lost, it is impossible to catch and use it again. Some companies see this and use this method to protect their registered trademarks.
2. Immediately find a transferee to transfer yourself The registered trademark was transferred and given up. It is better to sell this intangible asset at a discount to recover part of the funds and reduce the company's losses.
In the above situation, for trademark review and management Organization is a very passive thing; as a trademark registrant, you should act in accordance with the law and correctly implement and comply with the Trademark Law.
Everyone will understand after reading the content of this article. This is also relatively important legal knowledge at present. If you have any other questions, please feel free to consult the professional lawyers on the Legal Savior Network.
