Trademark Office: Application for cancellation of non-use of a registered trademark for three consecutive years-Q&A.-Shenzhen deep trust patent Agency Co., LTD

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Trademark Office: Application for cancellation of non-use of a registered trademark for three consecutive years

Release Time：

2023-03-31

Ⅰ. Legal basis and application conditions

On the basis of《Trademark Law of the People's Republic of China》Article 49 and《Trademark Law enforcement regulations》Article 66 Where a registered trademark has not been used for three consecutive years without justifiable reasons, any entity or individual may apply to the State Intellectual Property Office for cancellation of the registered trademark.

Ⅱ. Handling methods

(1) The applicant submits the electronic application by himself.

Submit the application through the Trademark online service system. Please refer to the "Online Application" section of China Trademark Website for details. Trademark Online Service System Website：https://sbj.cnipa.gov.cn/sbj/wssq/

(2) The applicant may go to the Trademark Registration Hall of the State Intellectual Property Office for processing:

State Intellectual Property Office Trademark Registration Hall Office address: No. 1 Chama South Street, Xicheng District, Beijing 100055, China

Office hours: 8:30-11:3013:30-16:30

For more information, please call 010-63218500

(3) Entrust a trademark agency registered with the State Intellectual Property Office to handle the matter.

Ⅲ. Application materials

　　(1) Documents to be submitted

1. Application for Cancellation of Non-use of Registered Trademarks for three consecutive Years;

(2) Evidence of preliminary investigation of not using the applied trademark for three consecutive years, such as Internet search results, market research reports, etc.;

3. A copy of the applicant's identity document (business license copy, ID card, etc.) confirmed by seal or signature;

4. If a trademark agency is entrusted to handle the matter, a power of attorney for trademark agency shall be submitted.

(2) Specific requirements

1. The applicant shall fill in the application form truthfully according to the requirements, and shall not modify the format without authorization. The application should be typed or printed.

2. The name of the applicant and the stamp (signature) affixed to the stamp (signature) of the applicant shall be the same as the name in the identification document. If the applicant is a natural person, the identification document number shall be filled in after the name.

3. The applicant's address should be preceded by the name of a province, city, county or other administrative division. The applicant shall fill in the address in the identification document, and if the address in the identification document does not have the administrative division of province, city, county, etc., the applicant shall add the name of the corresponding administrative division. If the applicant is a natural person, the corresponding address may be filled in.

4. If a trademark agency is entrusted to declare, the name of the agency shall be filled in and signed by the agent and stamped with the agent's stamp at the "Agency stamp/Agent signature".

5. Where an application is made for the cancellation of a joint trademark, the "trademark registrant" shall fill in the name of the representative of the joint trademark.

6. To apply for the cancellation of some goods/services, you should fill in the "Cancellation of goods/services" section of the application for the cancellation of some goods/services, and should be the same as the approved use of the same goods/services project name (can add additional pages), each product or service project needs to be separated by semicolons; To apply for withdrawal of all goods/services, please fill in the word "all" here.

7. In accordance with the provisions of the Regulations on the Implementation of the Trademark Law, the applicant shall state in the reasons for cancellation the relevant circumstances of the non-use of the applied trademark for three consecutive years, and attach preliminary investigation evidence of the non-use of the applied trademark for three years, such as Internet search results, market research reports, etc.

8. If the applicant is a legal person or other organization, it shall be stamped at the "Applicant's stamp (signature)". If the applicant is a natural person, he shall sign here. The stamp or signature shall be complete and clear.

9. The applicant shall inquire about the registration of the revoked trademark before submitting the application, and fill in the Application for Revocation of the Registered Trademark for Three Consecutive Years with the current registrant of the trademark.

10. To apply for the cancellation of a registered trademark, an application shall be filed with the State Intellectual Property Office three years after the expiration of the date of the announcement of the registration of the trademark.

11. To apply for cancellation of an internationally registered trademark in accordance with paragraph 2 of Article 49 of the Trademark Law, an application shall be filed with the State Intellectual Property Office three years after the expiration of the time limit for rejection of the application for international registration of the trademark; If the applicant is still in the process of review of rejection or objection at the expiration of the rejection period, the applicant shall file an application with the State Intellectual Property Office three years after the effective date of the decision on approval of registration made by the State Intellectual Property Office.

12. If the party concerned is not satisfied with the decision, it may apply to the State Intellectual Property Office for a review within 15 days from the date of receipt of the cancellation decision.

13. "Applicant Commitment" column: The applicant should carefully read the applicant commitment before submitting the application. Once the application is submitted, the applicant is deemed to have accepted the undertaking.

Ⅳ. Pay the fees

After receiving the application for cancellation, the State Intellectual Property Office shall, upon examination, issue a payment notice to the applicant if the conditions for acceptance are met. If the applicant fails to pay as required, the application shall not be accepted and the applicant shall be notified in writing. Applications are charged by category. For details, please see: https://sbj.cnipa.gov.cn/sbj/sbsq/sfbz/

Ⅴ. Check trademark documents

After paying the required fees, the applicant shall be issued a notice of cancellation of the application acceptance, and a Notice on Providing Evidence of the Use of Registered Trademarks shall be issued to the trademark registrant. After receiving the evidence of the use of the registered trademark provided by the trademark registrant, the State Intellectual Property Office will examine the evidence materials, make a decision on whether to revoke the registered trademark, and notify the trademark registrant and the applicant for cancellation in writing. If the trademark agency is entrusted to handle, the State Intellectual Property Office will mail the decision to the trademark agency.

Ⅵ, Precautions

　　1. Please read the instructions on the back of the application carefully.

2. The applicant's name, address, postal code, telephone number and other contact information must be filled in clearly and accurately for easy contact.

The above content was revised in March 2023, if there is any change later, or if it is inconsistent with the requirements of the staff in the processing, the requirements of the staff shall prevail.

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