How To Apply For Revocation For Three Consecutive Years And Stop Using Registered Trademark

I. brief description

According to the forty-ninth provision of the Trademark Law of the People's Republic of China, if a registered trademark is not used for three consecutive years without any valid reason, any unit or individual may apply to the Trademark Office for revocation of the registered trademark.

Two, handling channels

There are two ways to withdraw the use of registered trademarks for three consecutive years:

(1) entrust a trademark agency to file a record with the trademark office.

(two) the applicant directly goes to the trademark registration hall of the Trademark Office (the applicant can also go to the office of the Trademark Office in Zhongguancun National Independent Innovation Demonstration Zone office. The address of the office is: Beijing, Haidian District, Suzhou Street, No. 36, Beijing City Administration for Industry and commerce two Hall registration hall).

Three. Handle steps

(1) if a trademark agency is entrusted to handle the matter, the applicant may voluntarily select any trademark agency that is registered for the trademark office. All trademark agencies registered in the Trademark Office are published in the "agency" column.

(two) if the applicant goes directly to the registration hall, the applicant may proceed according to the following steps:

Prepare application form. Submit application form at the reception hall of the registration hall, code at the code window, pay the application fee at the payment window, and read the letter sent by the trademark office.

Four. Preparation of application forms

(1) books to be submitted

If the applicant fails to apply for a registered trademark for three consecutive years, he shall submit the following documents:

1., the application for a registered trademark shall be suspended for three consecutive years (the reason for cancellation shall be specified).

2. directly to the trade mark registration hall, submit the photocopy of the identity document (a duplicate of the business license, identity card, etc.). A copy of the applicant's principal qualification certificate (duplicate of the business license, identity card, etc.) shall be submitted by the entrusted trademark agency.

3. directly to the trade mark registration hall, submit the original and photocopy of the identity card of the operator (after the original is returned by comparison), and entrust a trademark agency to submit a letter of attorney for trademark registration.

(two) specific requirements

1. the applicant should fill in the application form according to the requirements, and shall not alter the format without authorization. The application should be typed or printed.

2. the stamp stamped (signature) stamped on the applicant's name and applicant's stamp must be consistent with the name in the identity document. If the applicant is a natural person, he shall fill in the number of the identification document after the name.

3. the applicant's address should be named the administrative divisions of provinces, cities and counties. The applicant shall fill in the address in the identity document, and the address in the identity document does not have administrative divisions such as province, city or county. The applicant shall add the name of the corresponding administrative division. If the applicant is a natural person, he may complete the correspondence address.

4. where a trademark agency is entrusted to declare, it shall fill in the name of the agency and sign the agent at the signature of the agent's stamp / agent.

5. where an application for cancellation of a common trademark is made, the trademark registrant shall fill in the name of the representative of the joint trademark.

6. when applying for cancellation of a part of a commodity / service item, a part of the commodity / service item shall be completed at the place where the goods / services are revoked, and shall be the same as the name of the same commodity / service item approved for use.

Seven Applicant The relevant reasons for the three consecutive years of no application of the application trademark shall be stated in the reasons for the cancellation.

8. a person who has applied for a legal person or other organization shall be stamped at the place of "signature of the applicant's chapter". Where the applicant is a natural person, he shall sign here. The stamping or signing of the seal should be complete and clear.

Five. Fees Payment

The application fee is 1000 yuan.

Where a trademark agency is entrusted, the Trademark Office deducts the fees from the advance payment of the trademark agency.

Six. Check the books sent by the trademark office.

After receiving the revocation application, the Trademark Office will issue a notice of cancellation of the application to the applicant after the examination has met the conditions of acceptance, and issue a notice to the trademark registrant about the use of evidence for the registration of the trademark. After receiving the evidence of the registered trademark provided by the trademark registrant, the Trademark Office will examine the evidence and make a decision whether to cancel the registered trademark, and notify the trademark registrant and the applicant in writing. If it is entrusted by a trademark agency, the Trademark Office will send the decision letter to the trademark agency.

Seven. Matters needing attention

1. the name, address, postal code and telephone number of the applicant must be clearly and accurately written so as to facilitate contact.

2. the applicant should inquire about the registration of the cancellation of the trademark before submitting the application, and fill in the application for cancellation of the registered trademark for three consecutive years with the current registrant of the trademark.

3. the applicant shall, in accordance with the provisions of the regulations on the implementation of the trademark law, state the circumstances in which the application trademark has not been used for three consecutive years in the reasons for revocation.

4. the application for cancellation of a registered trademark shall apply to the trademark office after the expiration of 3 years from the date of its announcement. It should be noted that the application for cancellation of the trademark approved and registered by the objection order before May 1, 2014 shall be applied to the trademark office after the expiration of 3 years from the date of announcement of the objection ruling.

5. when applying for the cancellation of the Madrid international registered trademark, it shall apply to the trademark office after the expiration of the time limit for the expiration of the application for international registration of the trademark. After the expiration of the period is still in the case of dismissing the review or objection procedure, the application shall be made to the trademark office after the expiration of 3 years from the date when the administrative decision is effective.

6. if a party refuses to accept the decision made by the Trademark Office, it may apply to the Trademark Review and Adjudication Board for reexamination within 15 days from the date of receiving the cancellation decision.

The above contents were revised in May 2014. If there is any change in the future, or if the requirements of the reception staff in the registration hall are inconsistent, the requirement of the reception personnel shall prevail.