How to cancel a registered trademark

A legal system in which the Trademark Office revokes a registered Trademark in accordance with the law based on a person's violation of trademark management regulations or the Trademark Review and Adjudication Board based on the fact that the disputed trademark is similar to someone else's previously registered trademark. So, how to cancel a registered trademark? The editor of Legal Savior Network will give you the answer.

How to cancel a registered trademark

(1) If a trademark agency is entrusted to handle the matter, the applicant can voluntarily choose any one Handle with a nationally recognized trademark agency. All trademark agencies registered with the Trademark Office are published in the "Agency" column.

(2) If the applicant goes directly to the trademark registration hall, the applicant can follow the following steps:

Prepare the application documents → Submit the application documents at the acceptance window of the trademark registration hall → Print the bar code at the coding window → Pay the application fee at the payment window → Check the decision letter whether to cancel the registered trademark

In China, there are two situations:

(1) Revoked due to violation of trademark law. There are two situations: first, the trademark owner changes the text or graphics of the registered trademark, or changes the registrant's name, address, and other registration matters on his own; second, the registered trademark is transferred by himself, or the registered trademark is stopped for three consecutive years. In this regard, the Trademark Office has the right to cancel the registered trademark.

(2) Dispute cancellation. According to China’s Trademark Law, if the trademarks disputed by several parties are indeed the same or similar, the Trademark Review and Adjudication Board will rule to revoke the trademark of the later-registered party and maintain the exclusive rights of the first-registered party. Cancellation of a trademark is different from cancellation of a trademark. Cancellation of a trademark is caused by the voluntary relinquishment of exclusive rights by the trademark registrant; trademark cancellation is either a penalty imposed by the Trademark Office against the trademark registrant for violating trademark regulations, or a final decision made by the Trademark Review and Adjudication Board when a dispute arises over a registered trademark. Such sanctions or decisions depend on the will of the trademark authority or arbitration authority.

Relief after cancellation of registered trademark

If the party concerned is dissatisfied with the decision of the Trademark Office to cancel the registered trademark , may apply to the Trademark Review and Adjudication Board for review within fifteen days from the date of receipt of the notice, and the Trademark Review and Adjudication Board will make a decision and notify the applicant in writing.

If the party concerned is dissatisfied with the decision of the Trademark Review and Adjudication Board, it may file a lawsuit with the People's Court within 30 days from the date of receipt of the notice.

The above is Hualu The editor has compiled relevant knowledge about the above issues for you. This website provides you with professional lawyer consultation. If you have any questions, please enter the Legal Savior Network for consultation.