When you try to find one trademark and plan to register it as trademark, you search in the database, but it is registered by somebody. Now if you want to use it, there is one possible way you can cancel it.
Trademark not use in suitable way
There are three situations may be considered as not use in suitable way when you try to cancel one trademark.
Change the trademark outlook or elements
If you got the trademark from CNIPA, but you use it on your product or package with similar mark, not the registered mark, it is called misleading consummers.
Usually some people registered mark with colors and specific words containing in the mark, but they do not print same color or words on the package, it is voilant with China trademark law. The trademark office has right to cancel the registered trademark.
Change the trademark registration address
In article 44 of China trademark Law, the trademark owner change the address, or other owner’s address or transfer the trademark by self, the trademark office has right to cancel the trademark registration.
All changes should be under the permission of the China trademark office, in other words, the owner should apply the change request and get information and then change it.
Sell bad quality products with the trademark
For the trademark owners, if they got the trademark already from CNIPA, but they use it to sell bad quality products in market. In the article 45 of the China trademark law, anybody can not sell bad quality products by just marking a trademark one their products or packages. The trademark office has right to cancel the mark.
Not use for 3 years after registration
It is very easy to understand for this situation. If someone get the trademark from CNIPA, but the mark did not put into use for commerce for 3 years.
What defination of trademark usage
In China trademark Law, the trademark usage means it is used on products, products packages or containers and commerce documents, or used for advertising, exhibition and other activities.
The trademark usage document are very important in cancellation process.
Used just on advertising on papers
Some guy registered many trademarks with bad faith application and want to keep them in hand. They just write articles to introduce the trademark on papers or news website. It is not true usage.
Not used for reasonable facts
In article 19 of TRIPS and the China trademark law, if the trademark is not used for goverment policy, import policy or other facts that the owner can not overaffod, the trademark is valid after 3 years since registration.
The cancellation process
The CNIPA usually take action to cancell the registered traemark.
For the registered trademark which is not used after 3 years since its publication date by CNIPA, anybody can apply for cancell the trademark providing the specific instructions and situation. The CNIPA will inform the owner to provid the usage documents or reansons why not use the trademark within 2 months upon the notification is sent.
After 2 moths, if the trademark owner do not provid the documents or do not explain why the trademark is not used, the CNIPA will cancell the registered trademark.
For the application of trademark cancellation, the CNIPA need make decision in 9 months upon they get the cancellation request. If there is other situation, the timeline can be extended more 3 months.