definition
In China, trademark revoking includes three situations: (1) is revoked for violation of trademark law. There are three situations: First, because the trademark owner changes the text or graphic of the registered trademark, or change the registrant name, address, and other registration things; the second is to transfer the registered trademark of the self-container, or stop using the registered trademark for 3 consecutive years. In this regard, the Trademark Office has the right to revoke the registered trademark. (2) Dispute cancellation. According to China "Trademark Law", if the trademark disputed by several parties is the same or similar, the trademark review committee ruled the trademark of the registration of the parties after the registration of the parties, and the prioritic right to register the parties. (3) Do not use revocation for three years. According to the regulations of the trademark law, the trademark of the application is not used for more than three years, and any third person can submit an invalid revocation application for the trademark. The revocation of the trademark is different from the logout trademark. The logout trademark is due to the automatic abandonment of the trademark registrant; and the trademark or the trademark office is determined by the trademark registrar in violating the trademark regulations, or the finals of the Trademark Review Commission's dispute in the registered trademark. This punishment or decision depends on the will of the trademark competent authority or the arbitration office. See [Trademark Dispute].
Undo Registered Trademark Review
required file:
1, two trademark review agent commissioning books (downloadable), Pass or sign by the applicant;
2, evidence materials (please consult me for details).
3, the trademark office revokes the original number of registered trademark rulings.
1. Situation of registered trademarks
According to the relevant provisions of my country's Trademark Law and its implementation regulations, registered trademarks can be divided into application and Dependent rights revoke. The main situations are:
(1) The registered trademark, if there is any following case, the registered trademark of the registered trademark, other units and individuals can request the Trademark Review Committee to undo the registered trademark:
1, it is not marked as a trademark used and registered;
2, it is registered with deceptive means or other unfair means.
(2) Registered trademarks, with the following circumstances, within five years from the date of trademark registration, the trademark owner or the stakeholder can request the Trademark Review Committee to decide to revoke the registered trademark. For malicious registration, the well-known trademark owner is not affected by five years:
1, is a replication, imitation or translation of the well-known trademarks that others are not registered in China, which is easy to cause confusion
< P> 2, it is a well-known trademark that others have registered in China, misleading the public, causing the interests of the well-known trademark registrar to be damaged;3, unauthorized, agent Or the representative will be registered by the agent or by the representative of trademarks in its own name, and it is discounted by the agent or by the representative;
4, the geographical symbol of goods in the logo, The item is not from the area indicated by the logo, mislarking the public. However, the except for the registration;
5, apply for trademark registration to harm the existing right rights of others, or to register someone elsewhere with the unfair means and have a certain affected trademark.
In (1), (2) two cases, the registered trademark of the registered trademark shall be deemed to have an existence of origin. Regarding the decision or ruling of the revocation of registered trademarks, the decision of trademark infringement cases made by trademark infringement cases in the former people's courts and has implemented and has implemented the depends on trademark infringement cases, and trademark transfer already performed Or use the license contract, no traceability; however, compensation should be given due to the loss of the trademark registrant to others.
(3) One of the following acts, using a registered trademark, ordered the business administrative department to make the trademark registrant for a limited period of time; refuse to correct, report to the Trademark Office to revoke its registered trademark:
< P> 1, change the registered trademark of the registered trademark;2, change the nominal, address, or other registration items of the registered trademark;
3, transfer the registered trademark;
(4) Stop using registered trademarks for three consecutive years, anyone can apply to the Trademark Office to revoke the registered trademark and explain the situation.
In the case of (3), (4), the Trademark Office shall inform the trademark registrant, which will be submitted to the trademark within 2 months from the date of receipt of the notice. The evidence material or the negative reason for not being used; the evidence material that does not provide use is not allowed to be ineffective, and the registered trademark is revoked by the Trademark Office. Evidence materials used, including trademark registrants using registered trademarks and trademark registrars licensed that others use registered trademarks.
(5) Use a registered trademark, its commodity is bold, with a second, deceive consumers, can withdraw its registered trademark by the Trademark Office by the Trademark Office.
In the three situations of (3), (4), (5), the revocated registered trademark will be announced by the Trademark Office; the registered trademark dedicated rights from the registered decision of the trademark office Termination.
II, the impact of registered trademarks After the revocation
Trademark Office, the Trademark Review Committee revokes the registered trademark, withdrawing the reason is only to some designated goods, revoke The trademark registration used on this section specifies the item on the product.
Registered trademark is revoked, within one year from the date of revocation, the Trademark Office applies for the same or approximate trademark registration with the trademark, and does not approve.
Registered trademark is revoked, the original "trademark registration certificate" is invalid; revoked the trademark registered on some specified items, and the trademark office is added to the original "trademark registration certificate", or re-re- Nuclear "Trademark Registration Certificate" and will be announced.
Third, the relief
after the registered trademark cancels the decision of the registered trademark of the trademark office, the parties are dissatisfied, and they can receive the day of the notice. During the 15th, the trademark review committee was applied for review and made a decision by the Trademark Review Committee and inform the applicant.
The parties are dissatisfied with the decisions of the Trademark Review Committee, and they can sue to the people's court within 30 days from the date of receipt of the notice.
China Trademark Pepsi Network
How to apply for
About the trademark revoking, "Trademark Law" Article 41, "" Registered trademark, violation of this Articles 10, 11, 12, or to obtain registered trademarks by deceptive means or other unfair means, by the Trademark Office; other units or individuals can request the trademark review committee to decline The registered trademark. Surveyed trademarks, in violation of Articles 13, 10, Article 31, within five years from the date of trademark registration, within five years from the date of trademark registration, People can request the Trademark Review Committee to decide to revoke the registered trademark. For malicious registration, the well-known trademark owner is not affected by five years. In addition to the previous two regulations, the registered trademark is controversial, you can During the date of approved registration, the trademark review committee applied for a decision. After receiving the decision application, the Trademark Review Committee shall notify the relevant parties, and filed a defense within a limited time. "
According to the above requirements, trademark registration After success, the Trademark Office can actively make cancellation decisions according to law, and the relevant stakeholders can also propose the application for registered trademarks to the Trademark Review Committee according to law. It should be noted that the registered trademarks have violated Articles 13, 15, and Article 3, and Article 31, the trademark revocation applicant can only be "trademark owner or interest relationship. People, rather than anyone, at the same time, applying for trademark revocation is time limit, in addition to malicious registration, the well-known trademark owner is not subject to five years of time limit, other must be revoked within five years from the date of the trademark registration . The "five-year" period here is very important, which requires our company to have a long-term retrieval monitoring mechanism, and make an objection or revocation application for trademark registrations suspected of violations of their rights.
Trademark Review Committee will after the application will exchange evidence after exchange of evidence, and a decision is made according to law. For the rulings of the Trademark Review Committee, the parties can also propose administrative lawsuits to the First Intermediate People's Court of Beijing. After the first instance, they can also appeal to the Beijing Senior People's Court. Applying for trademark revocation, it is necessary to pay the trademark to revoke 1,000 yuan per piece, propose administrative litigation and appeal to the court, and its litigation fees and appeal costs are 50 yuan per piece.
It is necessary to remind the court to the court to be administrative lawsuit. Its review is whether the ruling of the Trademark Review Committee is legal. Therefore, in the administrative litigation stage, in principle, both parties must not file new Evidence or advocacy, this is to say that it is very important to hire a professional lawyer during the application for cancellation. It is very important to fully charge.