When a registered trademark is applied for cancellation by the applicant on the ground that it has not been used for three consecutive years, how does the respondent submit proof of use of the trademark? What documents are submitted?-Q&A.-Shenzhen deep trust patent Agency Co., LTD

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When a registered trademark is applied for cancellation by the applicant on the ground that it has not been used for three consecutive years, how does the respondent submit proof of use of the trademark? What documents are submitted?

Release Time：

2009-11-13

Published：2009-11-13 15:55 Information source：State Administration for Industry and Commerce Trademark Office

The respondent may entrust the trademark agent organization to submit the trademark use evidence material on behalf of the respondent, or may submit the trademark use evidence material to the trademark office registration hall, or mailed to the trademark office. Postal address: No.8 sanlihe east road, xicheng district, beijing, state administration for industry and commerce, trademark office of the state administration for industry and commerce, large send and receive; postal code 100820. Foreigners or foreign enterprises must entrust the trademark agent organization to submit on behalf of the organization.

About the trademark use evidence material instructions:

The use of trademarks referred to in article 44 of the trademark law and article 3 of its implementing regulations, including the use of trademarks for goods, commodity packaging or containers and instruments of commodity transactions, or the use of trademarks in advertising, exhibitions and other commercial activities, specifically:

(A) the use of trademarks for goods, commodity packaging or containers and commodity trading instruments include:

(1) the trademark is used in the goods packaging, containers, labels, or used in the goods additional labels, product instructions, brochures and so on;

(2)Trademarks used in connection with the sale of goods on the transaction documents, including the use of goods sales agreements, invoices, bills, receipts, documents, import and export quarantine certificates of goods, customs declarations and so on;

(3) other ways of use in line with the trademark law.

(B) the use of trademarks in advertising, exhibition and other commercial activities including:

(1) the trademark is used in radio, television and other media, or used in publications approved by the state council's administrative department of publication for public distribution;

(2) The trademark is used in billboards, mail advertising or other advertising methods;

(3) the trademark is used in exhibitions and fairs approved by the relevant administrative departments at all levels of government, including the printed materials and other materials and photographs provided in the exhibitions and fairs using the trademark.

(C) the use of service marks includes:

(1) the trademark is used directly in the service, including the use of service brochures, services, signboards, decorations, posters, menus, registration cards, price lists, registered cards, tickets, stationery, delivery notes, agreements to provide services;

(2) The trademark is used on documents and materials connected with the services, including remittance documents, invoices, delivery notes, agreements on the provision of services, etc;

(3) other forms of use in accordance with the trademark law.

(D) the publication of trademark registration information is not regarded as the use of the trademark in commercial activities.

(E) the following circumstances are regarded as justifiable reasons for the non-use of a registered trademark:

1. Force majeure;

2. Cessation of use due to national policy restrictions;

3. Stop using due to bankruptcy and liquidation;

4. other cases in which the trademark cannot be used.

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