File of Cancellation for non-use in China
Sep 06,2021
1. If the trademark has not been using for three consecutive years from the date of registration, the mark might be subject to cancellation.
2. Once a Cancellation is filed, the Registrant has 2 months to respond.
If there is no response,the registration will be canceled.The CTMO will issue its decision within 9 months,extendable to 12 months under special circumstances.
3. Any party that is dissatisfied with the CTMO’s decision may appeal to the TRAB within 15 days.
4. The TRAB will transfer a copy of the trademark owner’s evidence of use to the non-use cancellation applicant, which can check and challenge the authenticity or validity of the evidence during this procedure.The TRAB will issue a decision based on the two parties’opinions within 9 months, extendable to 12 months under special circumstances.
5.The TRAB’s decision can be appealed to the courts if any party is dissatisfied.
File of Cancellation for non-use
Who can file of cancellation for non-use
According to Article 49 of the China Trademark Law，
Cancellation can be filed by any individual or company (including foreign company or foreigner).
Evidence for filing of cancellation
No evidence is not necessary required for filing of cancellation.
Calculation of the starting date for “Three consecutive years”
1) Generally, the starting date after registration date of the trademark.
Except for the following two situations:
2) Trademarks that are finally approved for registration after an opposition procedure.
When calculating whether such trademarks have been registered for 3 consecutive years, the starting date should be the date of the effective ruling or judgment of the trademark.
3) Madrid trademark
When calculating whetherwhether such trademarks have been registered for 3 consecutive years, 12 months after the international application of the trademark is ( According to the "Madrid Agreement") or 18 months (according to the "Madrid Protocol") expiry date as the starting date.
Period
Generally, it take a period of 9-12 months for the cancellation.
Chinese representative:
Foreigners and foreign corporations, who want to file cancellation of trademarks not used for three consecutive years,
should througn a qualified Chinese representative to process the trademark issues.
Requirements :
1. POA
2. The applicant's qualification document
3. Trademark information printed on the official website
Our services & Fee
1、What's our services included:
● Report:
Analyze and advise on the Cancellation cases and provide a simple report for FREE if you are interesting in proceeding.
● Prepare and file of Cancellation:
1) Study on the articles of laws and regulations in the cases ;
2) Research the prior judgments of relevant laws and regulations;
3) Provide suggestions based on prior judgments similar to the this cases;
4) Search and sort out other detailed relevant information of the case, such as:
① the information of both parties
② more detailed information of the trademark
etc.
5) Our company's professional agent personally wrote the arguments for this case
6) Inquiry with local trademark offices, as necessary
7) Appoint our-selves as attorneys of record process this matter
2、We provide a simple report for FREE
The official fee is about $80 (RMB 500) for each class.
Our total fees(including official fee & professional fee) for preparing and file a Cancellation is USD 500 .
Hire our local trademark attorneys to File of Cancellation for non-use in China . Take advantage of our easy, fast & efficient process!
Contact mail: ip@chiram.com