The Difference Between Trademark Cancellation And Trademark Revocation

According to the provisions of the trademark law, Registered trademark The period of validity is ten years, counting from the date of approval. Six months before the expiry of the validity period, the renewal and renewal fee can be renewed, and the validity period of each renewal is still ten years. There is no limit to the number of renewals. If no application is made within this period, a 6 month extension period can be granted. If there is no renewal of registration within the extended period, the Trademark Office will register its trademark. Cancellation It is also announced that if you do not use it, you may apply for cancellation, provided that it has been registered. Revoke It is different.

　 The concept of revocation of registered trademarks

The cancellation of a registered trademark means that the trademark does not have the conditions for registration, but when it obtains the registration, the Trademark Office may revoke the trademark according to its authority or by the trademark review board according to the request of the third party. The first clause of the twenty-seventh article of the trademark law stipulates that "a registered trademark has violated the provisions of the eighth provision of this law, or has obtained registration by deception or other improper means. The Trademark Office shall cancel the registered trademark, and other units or individuals may request the Trademark Review and Adjudication Board to rule that the registered trademark be revoked. "

　 The reasons for the cancellation of registered trademarks

1, the words, graphics or combinations that constitute trademarks violate the provisions of article eighth of the trademark law, that is, trademark prohibition clauses.

2, registered applicants have used fraudulent means or other improper means to obtain trademark registration. According to the interpretation of the twenty-fifth rules for the implementation of the trademark law, it is mainly manifested in the following aspects:

(1) to fabricate, conceal the facts, or forge applications and related documents for registration.

(2) in violation of the principle of good faith, the trademarks that others have been known to the public are registered in duplicate, imitation and translation.

(3) without authorization, the agent will register the trademark of the agent in his name.

(4) infringing upon the legitimate prior rights of others.

(5) obtaining registration by other improper means.