Trademark registration, patent application, copyright declaration, Hong Kong company application, Wuxi Beibiao Intellectual Property Agency Co., Ltd.
Recently, there have been more and more cases regarding the cancellation of trademarks that have not been used for three years, and the relevant parties have many questions about these cases. The Trademark Law stipulates that if a registered trademark ceases to be used for three consecutive years, the Trademark Office shall order it to correct or cancel the registered trademark within a time limit. The legislative purpose of this article of the Trademark Law is to activate trademark resources, clean up idle trademarks, and avoid the waste of trademark resources.
When a trademark owner files an application for cancellation of non-use for three years, the Trademark Office will require the trademark owner to provide relevant evidence of use of the trademark. The party concerned needs to provide real and convincing evidence in order to continue to maintain the trademark. There are trademark rights.
The Trademark Office and the Trademark Review and Adjudication Board (the review agency for case reexamination) focus on the review of relevant cases on the provision of evidence of use. The requirements for evidence of trademark use are usually loose, but in many cases, customers have actually used the trademark. , also provided evidence of use, but the trademark was eventually revoked.
The usage evidence provided is not accepted. Why is this? When the trademark owner has not used it for three years upon request for cancellation, the following issues need to be noted when providing evidence of use:< r::\~\~\~\\\3 The date of trademark application is pushed forward three years, and the evidence of use provided by the trademark owner should be within this period. Many of the usage evidence provided do not show the time and are not accepted.
The evidence of use provided must show the relevant trademark pattern and the name of the user. If the trademark image and user are not shown, it is difficult to prove that it is evidence of use related to the trademark.
It is best to have diverse evidence of trademark use, such as products, packaging, invoices, transaction vouchers, etc. Only when multiple types of evidence can support each other and form a strong chain of evidence can it be accepted.
Some evidence provided has no probative value, such as evidence that cannot explain the subject and does not have time to show, evidence used on goods other than those that have been revoked, etc. During the use process, we also remind all trademark owners to carefully retain evidence in case of emergency.
Many customers don’t know what to do when they learn that their trademark has been revoked and applied for non-use for three years. Haobiao.com recommends actively providing qualified and effective evidence of use to avoid the trademark being revoked. Trademarks must be protected, especially those that have been actually used. Only by protecting the rights of the trademark can the trademark play its role and create the value it deserves.
The evidence of use provided must show the relevant trademark pattern and the name of the user. If the trademark image and user are not shown, it is difficult to prove that it is evidence of use related to the trademark.
It is best to have diverse evidence of trademark use, such as products, packaging, invoices, transaction vouchers, etc. Only when multiple types of evidence can support each other and form a strong chain of evidence can it be accepted.
Some evidence provided has no probative value, such as evidence that cannot explain the subject and does not have time to show, evidence used on goods other than those that have been revoked, etc. During the use process, we also remind all trademark owners to carefully retain evidence in case of emergency.
Many customers don’t know what to do when they learn that their trademark has been revoked and applied for non-use for three years. Haobiao.com recommends actively providing qualified and effective evidence of use to avoid the trademark being revoked. Trademarks must be protected, especially those that have been actually used. Only by protecting the rights of the trademark can the trademark play its role and create the value it deserves.
Wuxi Beibiao Intellectual Property Agency is a comprehensive intellectual property agency registered with the Trademark Office of the State Administration for Industry and Commerce. Headquartered in Beijing, the members of the Chinese trademark business and patent agency legal team officially authorized by the state are all lawyers with lawyer qualifications, patent agent qualification certificates, and more than ten years of working experience in the intellectual property industry. Many lawyers are members of the China Lawyers Association and have rich experience. Members of the legal team are good at handling all types of intellectual property litigation and non-litigation cases. Their business scope includes patents, trademarks, copyrights, trade secrets, and intellectual property franchises (franchises) and enterprises. Intellectual property strategy formulation and other fields. Patent, trademark, copyright, trade secret protection, anti-unfair competition and other administrative investigations and infringement litigation agency patent (including applications) application agency, trademark registration agency, patent invalidation agency and its administrative litigation and agency
The business involves a wide range of Intellectual property agency services, specializing in trademark registration expiration, renewal, address change, transfer, objection review, contract licensing, trademark design - and a series of procedures. Patent application - new appearance inventions, patent changes and patent transfers, etc. High-tech enterprise certification, Hong Kong company registration, and other services. The company not only has outstanding performance in trademark, patent and copyright business, but also has its own advantageous agency business, including high-tech enterprise certification, trademark infringement disputes, Hong Kong company registration, etc.
Wuxi Trademark Registration - Provide evidence that the trademark has been revoked and has not been used for three years