Ten Questions on Cancellation of Online Application for Not Using a Registered Trademark for Three Consecutive Years-Q&A.-Shenzhen deep trust patent Agency Co., LTD

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Ten Questions on Cancellation of Online Application for Not Using a Registered Trademark for Three Consecutive Years

Release Time：

2021-05-31

Release time: 2021-05-31 14:46 Information source: Trademark Office of State Intellectual Property Office

1. To cancel an application for a registered trademark that has not been used for three consecutive years, do I need to apply online electronically and paper-based at the same time?

Submitting an electronic application for revocation of a registered trademark that has not been used for three consecutive years online does not require repeated submission of paper applications, and there is no need to submit a scanned copy of the paper revocation application when uploading documents. In the Reason for Revocation column, you only need to upload the reason for revocation, and there is no need to upload an application for revocation.

2. Can the power of attorney signed between the applicant and the agency be used in multiple trademark businesses?

The matters entrusted in the power of attorney should be consistent with the business being handled. When applying or defending online, each application must be uploaded separately.

3. Can I see the content of the filled in and uploaded materials?

You can use the "Preview" or "View" function to check the content of the filled in and uploaded materials, such as checking whether the applicant's name and address are correct, and whether the uploaded content is clear and accurate, etc.

4. Can it be modified after revoking the online application for not using the trademark for three consecutive years?

On the day when the application is submitted, the filled-in content can be modified through the "Update" button on the withdrawal application management interface.

5. If there are corrections, how to make corrections?

Applicants can check it in the "My Pending Reply" function of the electronic delivery module and make corrections in the "Reply".

6. If there are supplementary materials for application, how to submit them?

Upload supplementary materials through the "Supplementary Materials" function in the third-party withdrawal application management module.

7. After submitting a trademark cancellation application for non-use for three consecutive years, can the application be withdrawn?

Before the Trademark Office makes an examination decision, the applicant who has not used the trademark for three consecutive years can submit a withdrawal application online and submit it once.

8. When filing an application to withdraw a trademark that has not been used for three consecutive years, what should I do if the name of the overseas applicant or the authorized representative changes?

If the name of an overseas applicant changes, an explanation of the change of the applicant's name should be submitted, and supporting documents of the change should be attached. If the entrusted representative changes due to changes in positions or other reasons, a statement of the relevant circumstances should be attached.

9. What should I do if the agency changes after I file a cancellation application for non-use of a trademark for three consecutive years or file a three-year defense?

You should apply to change the agent in the three-year change of both parties' agency module, and submit a statement of terminating the agency relationship with the original agency, a power of attorney with the new agency, and documents such as the identity certificate of the applicant or respondent.

10. How to submit physical evidence when choosing electronic defense?

If you choose electronic defense, physical evidence and paper evidence will no longer be accepted unless otherwise required. Photos of physical evidence materials can be provided. Note that the photos should be clear, including but not limited to various perspectives and the entirety of the physical evidence. They must show the true original appearance of the physical evidence and reflect the trademark logo, date and other elements on the physical evidence.

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