Do I need to cancel my trademark when it expires and is no longer used?

If a Trademark has not been substantively used within three years after registration takes effect, the relevant departments also have the right to cancel it. This is because according to relevant regulations, for a trademark that cannot be given a reasonable explanation and has not been used for three consecutive years, anyone can submit an application to the Trademark Office to cancel the registered trademark. Next, the editor of Legal Savior Network has compiled some relevant knowledge for your reference. Let’s take a look at the content.

1. Does the trademark need to be canceled after it expires?

In trademark application After being approved, if it is idle for a long time and does not need to be used, there is no need to actively cancel it.

The validity period of a registered trademark is up to ten years. If the renewal procedure is not completed in time after the expiration of the validity period, it will be deemed to be automatically canceled.

In addition, for those trademarks that have no actual application needs and have not been properly maintained and used within three years after registration, their registration qualifications may also be affected by the deemed abandoned and subject to the risk of revocation.

According to relevant laws and regulations, anyone can submit a cancellation application for registered trademarks that have not been actively used for three consecutive years without justifiable reasons, pending trademark revocation. The bureau will verify and rule on its implementation of standard procedures.

Article 40 of the Trademark Law of the People's Republic of China

When a registered trademark expires, If it is necessary to continue to use the trademark, the trademark registrant shall handle the renewal procedures in accordance with the regulations within twelve months before the expiration; if it fails to be used during this period, a six-month extension period may be granted. Each renewal of registration is valid for ten years, starting from the day after the expiration of the previous term of validity of the trademark. If renewal procedures are not completed upon expiration, the registered trademark will be cancelled. The Trademark Office shall announce the renewal of registered trademarks.

2. Is it necessary to apply for division if the trademark is partially rejected?

When faced with the dilemma of partial rejection during the trademark registration process, the applicant should first weigh whether it is necessary to initiate a rejection review procedure in order to obtain approval.

If after evaluation it is believed that the expected results may not be achieved, you may choose to abandon the application and divide the trademark.

If you decide to initiate a review, you no longer need to consider splitting the trademark.

In addition, if the reason for rejection is obviously deviated from the actual situation and the difference with similar trademarks is significant enough, the applicant should conduct a comprehensive review of its actual use and relevant evidence. Careful review, combined with the evaluation results, determines whether to initiate the rejection review process.

Ultimately, if it is difficult to determine the probability of rejecting the review after comprehensive analysis, the applicant may wish to try to divide the approved subcategories.