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Cancel The Trademark in China

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    2020-02-21 23:01

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Guocai Trademark Office
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1403, Wanda Office Building A, 888 Century Avenue, Jinjiang, Quanzhou, Fujian Province 362200, China

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Revoke the trademark

The most effective way to revoke their trademark in China is to prove that the trademark has not used it for three years.

"Trademark revocation three year not use" means that any entity or individual may submit an application to the trademark office for revocation of a trademark that has not been used for three consecutive years.The formulation of "application for cancellation of registered trademark without use for three years" is to save trademark resources and avoid the idle use of trademark. However, the transferee of trademark transfer must pay attention to whether such situation exists.If a trademark is not used for three consecutive years, it is likely to be revoked by three applications submitted by competitors.

What to do when a trademark is revoked for not used for three years

The trademark office will issue the notice on providing evidence of the use of the registered trademark to the registrant. At this time, the trademark holder can submit evidence of the actual use of the registered trademark within 2 months from the date of receiving the notice.If the evidence fails to convince the trademark office and the trademark holder refuses to accept the decision, he may also file an application for revocation to the trademark review and adjudication board

Article 48 of China's current trademark law stipulates: "the use of a trademark as mentioned in this law refers to the use of a trademark in commodities, in commodity packages or containers and in commodity transaction documents, or the use of a trademark in advertising, publicity, exhibition and other commercial activities and the identification of the source of a commodity.""Use" is the core of the "delete three" clause.Specific evidence and materials of "use" include:

It is to contain complete trademark, can be contacted with specific commodity advertisement propaganda material.For example, it can confirm the time of newspaper, magazine, television, radio advertising samples;Advertising contracts signed with advertising companies or media such as radio and television stations, indicating trademarks or invoices issued by them;Photos of shop, light box and outdoor advertisement that can confirm the time;A contract signed with a trademark printing enterprise to indicate the trademark or an invoice issued.The second is the trademark licensing contract filed by the trademark office.

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