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ARTICLE · 28 SEPTEMBER 2021

When Will The Forgery Of Evidence For Three-year Non-use Cancellation Stop?

Three-year non-use cancellation of a trademark can be said to be the hardest hit area for evidence forgery.

ChinaIntellectual Property

  Three-year non-use cancellation of a trademark can be said to be the hardest hit area for evidence forgery. The reason is that Article 49 of the Trademark Law stipulates that: "Where a registered trademark has become the generic name of the designated goods or stays unused for three consecutive years, any unit or individual may apply to the Trademark Office for revoking the same"

    When a trademark registrant  receives a "Notice of Providing Evidence of Use", he must quickly collect evidence of use that meets the statutory requirements and submit it to the Trademark Office within the prescribed time limit or risk having the registered trademark cancelled. Although there are remedial methods such as reexamination and litigation, even if the remedial procedure is initiated, the strict requirement of providing evidence of the use of the trademark cannot be escaped. Moreover, the review and litigation phases are often more stringent.

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