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ARTICLE · 27 AUGUST 2014

Starting Time Of Application For Three-Year Non-Use Trademark Cancellation

The cases of three-year non-use trademark cancellation have been on the rise in the recent years and have attracted more and more attention.

ChinaIntellectual Property

The cases of three-year non-use trademark cancellation have been on the rise in the recent years and have attracted more and more attention. However, as to some special circumstances (such as the trademark obtaining registration after the opposition procedure and the international trademark registration designating China for territorial extension), the registration date (the date when the exclusive right to use a trademark is granted) may probably be inconsistent with the date when the registration status has been confirmed (the date when the trademark administration or judicial authority finally determines and grants the trademark right). As for the calculation of the starting time of application for three-year non-use trademark cancellation under those special circumstances, there are still certain "minefield" and "blind spots" in practice, which shall deserve much attention. In particular, Administrative Measures for Law Firm's Engagement in Trademark Agency Business

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