1. What is the application for revoking the suspension of use of a registered trademark for three consecutive years?
Legal basis: Article 49 of the "Trademark Law of the People's Republic of China" and Article 66 of the "Trademark Law Implementation Regulations" stipulate that if a registered trademark is not used for three consecutive years without justifiable reasons, any unit or individual may apply to the trademark Apply to revoke the registered trademark. The application materials include an application for revocation of a registered trademark that has not been used for three consecutive years (the reason for revocation should be stated). If it is processed directly at the trademark registration hall, the applicant's identity document (a copy of the business license, ID card, etc.) that has been confirmed by seal or signature must be submitted. )a copy. If entrusting a trademark agency to handle the matter, submit a copy of the applicant's subject qualification documents (copy of business license, ID card, etc.);
2. Processing Channels
(1) The applicant applies directly.
Applicants can apply at the following locations:
1. Go directly to the Trademark Office for trademark registration Handled in the lobby.
Applicants can follow the following steps: prepare application documents→submit application documents at the trademark registration hall acceptance window→code at the coding window→submit Pay the application fee at the fee window
Office address of the Trademark Registration Hall of the Trademark Office: No. 1 Chamanan Street, Xicheng District, Beijing
2. Go directly to the Trademark Office’s office in Zhongguancun National Independent Innovation Demonstration Zone.
The address of the Trademark Office’s office in Zhongguancun National Independent Innovation Demonstration Zone is: Office 205, 2nd Floor, Beijing Administration for Industry and Commerce, No. 36 Suzhou Street, Haidian District, Beijing.
(2) Entrust a trademark agency registered with the Trademark Office to handle the matter.
Applicants can voluntarily choose any trademark agency registered with the Trademark Office to handle the application. All trademark agencies registered with the Trademark Office are published in the "Agency" column.
3. Specific requirements for application materials
1. Applicants shall truthfully fill in the application form as required and shall not modify the form without authorization. The application should be typed or printed.
2. The applicant's name and the stamp (signature) affixed to the applicant's stamp (signature) should be consistent with the name in his identity document. If the applicant is a natural person, the identity document number should be filled in after the name.
3. The applicant’s address should be preceded by the name of an administrative division such as province, city, or county. Applicants should fill in the address according to the address in the identity certificate document. If the address in the identity certificate document does not have an administrative division such as province, city, or county, the applicant should add the name of the corresponding administrative division. If the applicant is a natural person, he or she can fill in the mailing address.
4. If a trademark agency is entrusted to declare, the name of the agency should be filled in and signed by the agent in the "Agency seal/Agent's signature" area. Stamped with agency seal.
5. When applying for cancellation of a jointly owned trademark, the name of the representative of the jointly owned trademark should be filled in as the "trademark registrant".
6. To apply for the cancellation of some goods/services, the partial goods/services applied for cancellation should be filled in in the "Cancellation of goods/services" and should be related to The approved products/services have the same name (an additional page can be added), and each product or service needs to be separated by a semicolon; when applying to cancel all products/services, the word "all" should be filled in here.
7. The applicant should explain in the reasons for cancellation the relevant circumstances of the non-use of the applied trademark for three consecutive years (an additional page may be added).
8. If the applicant is a legal person or other organization, it should stamp the "Applicant's seal (signature)". If the applicant is a natural person, he should sign here. The stamp or signature must be complete and clear.
9. Before submitting the application, the applicant should check the registration status of the canceled trademark and fill out the "Application for Cancellation of a Registered Trademark that has not been used for three consecutive years" based on the current registrant of the trademark.
10. The applicant should, in accordance with the provisions of the "Regulations on the Implementation of the Trademark Law", explain in the reasons for cancellation the relevant circumstances in which the applied trademark has not been used for three consecutive years.
11. To apply for cancellation of a registered trademark, an application should be submitted to the Trademark Office 3 years from the date of announcement of the trademark registration.
12. When applying for cancellation of an internationally registered trademark in accordance with Article 49, Paragraph 2 of the Trademark Law, the expiration date for the rejection of an application for international registration of the trademark shall begin. An application shall be submitted to the Trademark Office after 3 years; if the rejection period expires and is still in the process of rejection review or objection, an application shall be submitted to the Trademark Office after 3 years from the effective date of the decision of the Trademark Office and the Trademark Review and Adjudication Board to approve registration. Apply.
13. If the party concerned is dissatisfied with the decision made by the Trademark Office, he may apply to the Trademark Review and Adjudication Board for review within 15 days from the date of receipt of the revocation decision.
Based on the premise of not using a registered trademark for three consecutive years in the previous application, if you want to cancel the non-use of a registered trademark for three consecutive years, you also need to go to The Trademark Office will handle the process accordingly, of which the application form is a crucial part.
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