Trademark Agency

Trademark cancellation

① Meaning

Due to differences in the revocation of the subject registered trademark, registered trademark revocation revocation into improper use, improper registration revocation, revocation of three controversial.
1. Using improper cancellation means the registered trademark owner of the breach and the rational use of the registered trademark registered trademark revoked its case by the Trademark Office.
(1) A registered trademark used improperly revoked the subject. Improper use of a registered trademark of revocation to the registered trademark owner in breach of its obligations under the rational use of the registered trademark and serious circumstances limit. Rational use of the registered trademark owner to assume the obligations of a registered trademark shall use a registered trademark, and in accordance with the requirements of the law to use a registered trademark. Owner of a registered trademark or a registered trademark lazy to use a registered trademark in violation of the law, constitutes improper use. According to the "Trademark Law" Article 44, Article 45 provides that a registered trademark of improper use of the revocation of the subject include:
. a registered trademark is altered;
. b voluntarily change the registrant name, address or other registered matters registered trademark;
. c the registered trademark; stop using the trademark for three consecutive years;
d. Use a registered trademark of the goods that shoddy, shoddy, consumer fraud.
(2) A registered trademark is making improper use of the revocation of the decision after review and Trademark Office. According to the "Trademark Law" Article 49 provides that the decision of the Trademark Office to revoke a registered trademark of the parties refuses to accept, from the receipt of the notification, within fifteen days from the date of the Trademark Review and Adjudication Board for review, made by the Trademark Review and Adjudication Board decision and notify the applicant in writing.
2. improper registration revoked, the application refers to the trademark owner of a registered trademark trademark constitutes a violation of prohibition, or to deceive and other improper means to obtain trademark registration, and the case be withdrawn by the Trademark Office or Trademark Review and Adjudication Board, according to the Article 41 of the "Trademark Law", improperly registered trademark revocation, and specifically into the following categories:
(1) A registered trademark is not attached revocation period, a trademark that is already registered in violation of the Trademark Law 10, Article 11, Article XII, or deception, other improper means to obtain registration, regardless of after much time, were able to withdraw after registration. No time limit registered trademark revoked, its grounds are:
a. a registered trademark disabled trademark logo. Where the "Trademark Law" and the public order and good morals related marks are prescribed in article 10 of the same or similar signs are disabled flag.
b. a registered trademark of the lack of significant signs. According to the "Trademark Law" XI, XII of the Ordinance, where the nature of the commodity, features, quality or quantity indistinguishable logo, except through the use of the salient features of which have been made to facilitate the identification of the outside, are the lack of significant logo.
c. by fraud or other improper means to be registered. Deception or other improper means to obtain trademark registration, directly harming the public management order, which allowed for social welfare, should be revoked.
(2) the revocation of a registered trademark attached deadline. Registered trademark violation of the "Trademark Law" 13, Article 15 and Article 16 and Article 31, from the date of registration of the trademark within five years, was due to the registered trademark owner or interest the relationship between people trademark review and Adjudication Board to revoke. But there is more attached to the subject matter of the existence of revocation period, if the bad faith registration of the trademark owner, a well-known trademark owner's request for revocation of a trademark registered in bad faith, is not restricted by the five-year period. Time limit registered trademark revoked, its grounds are:
a. a registered trademark of reproduction, imitation or translation of well-known trademarks of others. Registered trademark symbol used for copying, imitation or translation of well-known trademarks of others, should be revoked.
b. agents abuse their position to obtain trademark registration. "Unauthorized, agent or representative in their own name to be an agent or a representative of the trademark registration".
c. a registered trademark containing a geographical indication. There are geographical indications registered trademark of commodities, and the use of the trademark is not derived from the flag of the marked area, to mislead the public, should be revoked, but in good faith to obtain registration of the trademark owner, unless.
d, trademark infringement of other prior rights of others. Registered trademark infringes someone else's prior rights, including but not limited to the infringement of the right to enjoy the portrait, design patents, copyrights, unique name well-known commodity, well-known commodity packaging, well-known unregistered trademark owners enjoy benefits and so on.
3. controversy revocation means to protect earlier registered trademark holders, can at the same or similar trademark registration dispute on the same or similar merchandise, and request the Trademark Review and Adjudication Board revoked the registered trademark. Revoke a registered trademark of the program review process Trademark Review and Adjudication Board, in accordance with Article 28 of the "Regulations for the Implementation of the Trademark Law" stipulates that the TRAB accepted Article 41 of the Trademark Law of the parties based on improper because the proposed revocation of the registration application , Article 49 due to revocation of a registered trademark and Trademark Office to make a decision to apply the provisions of the proposed review. Trademark Review and Adjudication Board based on the facts, the law review. According to Article 30 to Article 34 of the "Regulations for the Implementation of the Trademark Law" stipulates that the assessment procedures are as follows:
(1) An application for trademark review, shall be submitted to the Trademark Review and Adjudication Board and submitted in accordance with the number of copies thereof to the other party; the basis of the decision or ruling of the Trademark Office an application for review shall also be simultaneously accompanied decide Trademark Office book or a copy of the ruling.
(2) the Trademark Review and Adjudication Board after receipt of the application, upon examination, in line with the conditions of admissibility, be accepted; does not comply with the conditions of admissibility, inadmissible, notify the applicant in writing and explain the reasons; the need for correction, notify the applicant of receipt corrected within thirty days from the date of notification. After correction still comply with the provisions of the Trademark Review and Adjudication Board shall not accept, notify the applicant in writing and explain the reasons; Where no correction, deemed withdrawal of the application, the Trademark Appraisal Committee shall notify the applicant in writing.
(3) The Trademark Review and Adjudication Board, after accepting application for trademark review, found not to meet the conditions of admissibility, be rejected, notify the applicant in writing and explain the reasons.
(4) The Trademark Review and Adjudication Board, after accepting application for trademark review, shall promptly send a copy of the application to the other party, limit its reply within 30 days from the date of receipt of the copy of the application; Where no reply, does not affect the Trademark Review and Adjudication Board the review.
(5) The parties need to review after filing an application or reply supplement related evidence, it should be declared in the application or statement of defense, and since the date of submission of the application or submit an answer within three months; the expiration of the uncommitted , deemed to have waived supplement related evidence.
(6) The Trademark Review and Adjudication Board at the request of the parties or the actual needs, you can decide on the assessment of applications for public review.
(7) The Trademark Review and Adjudication Committee decided to conduct a public review of the assessment of applications, it shall notify the parties in writing 15 days prior to public review, to inform the public review of the date, place and reviewers. The parties shall respond within a specified notice period.
(8) the applicant does not reply nor participate in the public review, the review application shall be deemed withdrawn, Trademark Review and Adjudication Board shall notify the applicant in writing; the respondent does not reply nor participate in the public review, the Trademark Review and Adjudication Board may be absent review.
(9) The applicant made at the Trademark Review and Adjudication Board decided that the former ruling request to withdraw the application, upon written justification to the Trademark Review and Adjudication Board may withdraw; to withdraw the application and review process is terminated.

② required information

1. "Undo three consecutive years without a registered trademark application", "Power of Attorney."
2. Rapture cancel a registered trademark of the relevant information and the revocation of the trademark usage instructions and reasons for the withdrawal.