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Trademark Office: Application for cancellation as a generic name registered trademark

Release Time：

2023-03-31

Ⅰ. Legal basis and application conditions

On the basis of《Trademark Act》Article 49 (2) and《Trademark Law enforcement regulations》Article 49 (1) and Article 65 Where a registered trademark becomes a generic name for approved use of goods/services, any person may file an application with the Trademark Office for cancellation of the registered trademark.

Ⅱ. Handling methods

(1) The applicant goes to the Trademark Registration Hall of the State Intellectual Property Office for processing

Office Address: 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

(2) 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 Revocation of Registered Trademark for Common Name of Goods/Services (reasons for revocation should be indicated);

(2) Evidence that the function of the applied trademark has deteriorated into a generic name;

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. The cancellation application shall have a clear factual basis (which may be supplemented with additional pages) and accompanied by evidentiary materials. The cancellation application and evidentiary materials shall be submitted in duplicate, catalogued, paginated and bound in exact copies.

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 Trademark as a Generic Name Registered Trademark of Goods/Services with the current registrant of the trademark.

10. The applicant shall, in accordance with Article 65 of the Regulations on the Implementation of the Trademark Law, submit the application with a clear factual basis, and at the same time provide evidence that the applied trademark has become a common name for goods/services.

11. If the party concerned is not satisfied with the decision made by the Trademark Office, it may apply to the Trademark Review and Adjudication Board for review within 15 days from the date of receipt of the cancellation decision.

12. "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

Applications are charged by category. Please refer to the specific fee：https://sbj.cnipa.gov.cn/sbj/sbsq/sfbz/

Ⅴ. Check trademark documents

After receiving the cancellation application, the Trademark Office shall issue a payment notice to the applicant if the conditions are met after examination. If the applicant fails to pay the fee on time, the application shall not be accepted and the applicant shall be notified in writing. Where the applicant pays the fees as required, a notice of acceptance of the cancellation application shall be issued, and a notice of defense of cancellation shall be issued to the trademark registrant accompanied by the relevant evidentiary materials submitted by the applicant. After receiving the defense materials provided by the trademark registrant, the Trademark Office will examine the defense materials, make a decision on whether to revoke the registered trademark, and issue a decision on whether to revoke the registered trademark to the registrant and the applicant.

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 reception staff in the processing, the requirements of the reception staff shall prevail.

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