In China, there are two main ways to cancel a trademark: the trademark holder takes the initiative to apply for cancellation and the Trademark Office takes the initiative to cancel it. In both cases, the cancellation of the trademark will have legal effect, and if the trademark owner regrets it for some reason, is there any chance of recovery?
Trademark cancellation involves the relevant provisions of the Trademark Law and its implementing regulations, and its main legal basis is as follows:
1.Redemption within the grace period of trademark expiration
According to Article 40 of the Trademark Law, upon the expiration of the validity period of a trademark, the trademark registrant shall go through the renewal procedures within 12 months before the expiration. If the application is not done within this period, a grace period of six months may be granted. After the grace period is exceeded, the Trademark Office will cancel the trademark.
2.A trademark cannot be registered within one year after it is cancelled
Article 50 of the Trademark Law stipulates that if a registered trademark is revoked, declared invalid or not renewed upon expiration, the Trademark Office shall not approve the application for registration of a trademark that is identical or similar to the trademark within one year. The only exception to this restriction is if the original registrant files a new application for registration of the trademark.
1.Redemption within the grace period of trademark expiration
If the trademark owner fails to renew the trademark within the validity period but decides to keep the trademark during the grace period, it should renew the trademark as soon as possible. The Trademark Office will announce the renewed registration of the trademark to ensure the validity of the trademark.
2.Redemption within one year after the cancellation of the trademark
Within one year after the cancellation of the trademark, the trademark holder can re-file the application for trademark registration if he regrets it. Although faced with competition with other trademark applicants, the original registrant had more advantages over other applicants during the year.
There are three main types of trademark cancellation procedures:
1.The trademark holder takes the initiative to apply for cancellation
The trademark holder may apply to the Trademark Office in accordance with Article 46 of the Regulations for the Implementation of the Trademark Law, and the cancellation may be in whole or in part of the designated goods or services. After approval, the exclusive right to use the trademark is terminated.
2.Cancellation of a trademark that has been dead or terminated for more than one year
If the trademark registrant has died or been terminated for more than one year and has not gone through the procedures for the transfer of the trademark, any person can apply to the Trademark Office for cancellation of the trademark. After approval, the exclusive right to use the trademark is terminated.
3.The trademark will not be renewed during the grace period after expiration
If the trademark is not renewed within the statutory grace period after the expiration of the validity period, the Trademark Office will cancel the trademark. The procedure for trademark cancellation is relatively simple, but trademark owners need to pay attention to completing the relevant procedures within a specific period of time to prevent the trademark from being cancelled after the statutory period.
Trademark cancellation is a complex process involving statutory deadlines and procedures. If the trademark owner regrets it for some reason, there is indeed a chance of recovery. However, timely action is crucial, and trademark holders need to choose the appropriate recovery method on a case-by-case basis and strictly follow the relevant regulations and procedures to ensure the validity of the trademark and the continued existence of the exclusive right. Within one year after the cancellation of the trademark, the trademark holder should be cautious about this statutory period and take appropriate measures to protect the trademark rights.
Cancellation of trademarks