The process of applying for withdrawal three


Release Time:

2022-08-16

Step 1: The applicant submits the application

The applicant submits to the Trademark Office an application for the cancellation of the use of the registered trademark for three consecutive years, and explains in writing the "non-use of the trademark";

Step 2: The Trademark office accepts

After the cancellation of the application for non-use for three years, the Notice on Providing Evidence of the use of Registered Trademarks is issued to the registrant, requiring the registrant to submit evidence of the actual use of the registered trademark within 2 months from the date of receipt of this notice;

Step 3: The registrant submits the evidence of use on time

After receiving the evidence materials, the Trademark Office shall review the evidence and confirm the facts. If the examination determines that the evidence can prove the actual use of the registered trademark within the specified 3 years, a "trademark note continues to be valid decision" will be issued, otherwise, a "decision to cancel the trademark registration" will be issued;

Step 4: File a petition for revocation

For the cancellation decision or maintenance decision made by the Trademark Office, the registrant and the cancellation applicant, if they are not satisfied, may file a "cancellation review application" with the Trademark Review and Adjudication Board.

After filing a trademark withdrawal application, how do you need to prove that the other party has not used the trademark for three consecutive years?" In fact, the applicant does not need to prove that the trademark owner needs to prove that the trademark being revoked has been actually used.

Source: Standard Commune

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