How to prevent your trademark from being withdrawn by others? Core dry goods share!-Q&A.-Shenzhen deep trust patent Agency Co., LTD

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How to prevent your trademark from being withdrawn by others? Core dry goods share!

Release Time：

2022-10-13

First, choose a professional agency trademark has been withdrawn three, why to find an agency? This relates to the following three common reasons for trademark withdrawal.

We focus on providing customers with one-stop intellectual property services such as patent/trademark/copyright/standard implementation/transaction/litigation/foreign affairs/legal affairs.

Withdrawal three, is in accordance with the provisions of the trademark Law on a registered trademark for three years to cancel, the trademark Office received the applicant's cancellation application, will require the revoked trademark holder to come up with nearly three years of continuous use of the trademark evidence within two months, if the revoked person did not receive the document, or did not pay attention to, and even submitted materials the trademark Office believes that it is not possible. Then the trademark will be revoked.

Although some people do not take the initiative to revoke others' trademarks, it does not mean that their trademarks will not experience withdrawal, although we can not avoid this, but we can prevent in time, prepare in advance, and not panic when the withdrawal comes, so how to prevent it?

Ⅰ、Selective Agency👈poke

If the trademark has been withdrawn, why should we find an agency? This relates to the following three common reasons for trademark withdrawal.

1. The trademark applicant could not receive the three materials because of the business address problem and could not answer, resulting in the trademark being withdrawn.

If the trademark is withdrawn, the Trademark Office will send the withdrawn materials to the trademark applicant and copy the agency at the time of application. When trademark applicants, especially foreign applicants, cannot receive materials because of business address problems, whether the agency is reliable determines whether the trademark applicant can defend the three materials.

2, the trademark applicant can not provide evidence, resulting in the withdrawal of the trademark.

In the process of trademark use, trademark applicants often do not know how to do the preservation of evidence, resulting in the withdrawal of trademarks, unable to provide evidence. At the time of application, a reliable agency will tell the trademark applicant how the trademark should be used and how the evidence should be preserved.

3, the evidence provided by the trademark applicant is not standardized, the trademark Office does not recognize, resulting in the withdrawal of the trademark.

When a trademark provides evidence of use, it needs to form a complete evidence chain. Some trademark applicants do not know how to provide evidence of use, evidence scattered, the trademark office does not recognize, resulting in the withdrawal of trademarks. A professional agency will have a special trademark agent to sort out a list, list what evidence is needed, which time period of evidence is needed, and then sort out a complete evidence chain for submission.

Ⅱ, trademark use should be standardized, pay attention to the preservation of evidence.

1. Standardize the use of trademarks

When many applicants use trademarks, they often change the design of trademarks for various reasons to sell goods. When we provide evidence of the use of the withdrawn trademark, we will think that it is not the use of the withdrawn trademark, resulting in the withdrawal of the trademark. When applying for a trademark, how to use the application, change the design of the trademark, need to submit a new application.

2. Keeping evidence, especially invoices

The most important thing to deal with the withdrawal of trademarks is the evidence of trademark use, if there is no evidence, then it is impossible to rights, so the trademark owner should not only use the trademark, but also retain the evidence of trademark use in time!

The most important evidence is to issue a special invoice in advance to prevent the trademark from being "withdrawn". Whether it is a trade mark or a service mark, invoices must be issued three times a year to prepare for withdrawal. It is necessary to specially mark the name of the trademark on the invoice, or even write the trademark number directly. For example, write "big head" brand "thermos cup" directly in the product column of the invoice. For service marks, such as training, write the name of the trade mark and the training program on the invoice line. Intend to issue at least 5 such invoices per year and keep them at all times.

If someone files a "retraction" on your trademark, you can provide these invoices to the trademark office, plus other supporting evidence to basically keep your trademark.

(3) For defensive registered trademarks or trademarks that have not been used for the time being, a new application shall be submitted after nearly three years of trademark registration.

The trademark applicant, for the defense trademark registered by the associated category, is afraid that others will derogate the goodwill, and does not want to be registered by others, but can not provide evidence of use when it is withdrawn, and can re-submit a new application when the registration is nearly three years old.

For example, Gree Electric Appliances has to do a full class of Gree trademark registration almost every three years, so we will find that Gree stationery, clothing, machinery and other products have never appeared on the market.

The three can be withdrawn after three years, but as long as it is submitted once every three years, the success of the cancellation of the trademark is useless, and the trademark of less than three years behind is still valid, so there will be no one to you to withdraw the three, and the cost of the three defense will be saved!

In addition, the most important thing to deal with trademark withdrawal is the evidence of trademark use. If the trademark registrant fails to submit the evidence of use within the prescribed time limit, the revocation review is the only remedy. If the deadline for submitting the revocation review is missed, the trademark registrant will eventually lose the right to the registered trademark.

More intellectual property related issues, welcome your scan code consultation! Have questions must answer yo ~ Deep credible is willing to use professional and focus, to provide you with high-quality and efficient intellectual property agency services!

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