1. Will the trademark be canceled if it is not used for 3 years?
1. Trademark Registration will be canceled if not used for 3 years. However, it will not be canceled automatically, but someone needs to take the initiative to apply for cancellation. That is, any person or organization can apply for cancellation to the Trademark Office. The trademark registrant should submit relevant evidence within 2 months from the date of receipt of the notice to prove that there is no legal reason for non-use for three consecutive years, etc. Otherwise, the Trademark Office shall cancel its registered trademark.
2. Legal basis:
According toArticle 66 of the "Regulations for the Implementation of the Trademark Law of the People's Republic of China" stipulates that, A registered trademark specified in Article 49 of the Trademark Law is not legitimate If the reason is that the trademark has not been used for three consecutive years, any unit or individual may apply to the Trademark Office to cancel the registered trademark, and the relevant circumstances must be stated when submitting the application. After accepting the application, the Trademark Office shall notify the trademark registrant, and shall submit evidence of the use of the trademark before the cancellation application is submitted or explain the legitimate reasons for non-use within 2 months from the date of receipt of the notification; if no evidence of use is provided upon expiration of the period, If the materials or evidence materials are invalid and there is no justifiable reason, the Trademark Office shall revoke the registered trademark.
The evidence of use referred to in the preceding paragraph includes evidence that the trademark registrant uses the registered trademark and that the trademark registrant permits others to use the registered trademark. Evidence materials. If you apply for cancellation of a registered trademark on the grounds of non-use for three consecutive years without justifiable reasons, you must file the application three years from the date of announcement of the registration of the registered trademark.
2. What do natural persons need to bring for trademark registration?
Materials for natural persons to apply for trademark registration and legal persons to apply for trademark registration The materials are different and relatively simple, as follows:
1. Trademark registration application signed by the applicant.
2. 6 trademark drawings (one is attached to the back of the application form, and 5 are submitted). The drawings are required to be clear and have a length and width of not less than 5 cm and not greater than 10 cm. If the color is specified, affix One coloring pattern, 5 coloring patterns, and 1 black and white pattern.
3. If you go directly to the trademark registration hall, submit the applicant's identity If a copy of the ID card or passport is required, the person in charge shall present the original ID card or passport and submit the copy; if entrusting a trademark agency to handle the matter, the person in charge shall submit the trademark agency power of attorney and a copy of the applicant's ID card.
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