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What are the requirements for removing evidence of use that has not been used for three years? What materials are required? Is it possible to submit evidence of use directly without receiving a notice to provide evidence of use?
Release Time：
2014-08-15
Published：2014-08-15 09:50 Information source：State Administration for Industry and Commerce Trademark Office
According to the provisions of the Regulations for the Implementation of the Trademark Law, the trademark registrant shall, within two months from the date of receipt of the notification to provide evidence of use, submit the evidence of the use of the trademark prior to the filing of the application for cancellation or state the justifiable reasons for not using the trademark; if the trademark registrant fails to provide the evidence of use by the expiration of the period or if the evidence of use is ineffective and there is no justifiable reason for not providing such evidence, the Trademark Office shall revoke the registered trademark. Evidence includes evidence of the use of the registered trademark by the trademark registrant and evidence that the trademark registrant has licensed others to use the registered trademark.
If it is true that the loss of mail and other reasons, resulting in the failure to receive the notice to provide evidence of use, in order to protect the rights and interests of the registrant, it is recommended to submit evidence as soon as possible, when submitting the evidence, indicating the trademark registration number, revocation of the third application number.
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