Trademark revocation? Trademark cancellation? Don't they all lose their trademarks? What's the difference? I believe that many people are not clear trademark revocation and trademark cancellation of the essential difference, also do not know because of what was revocation and cancelled. Today I will tell you the difference between trademark revocation and trademark cancellation.
What are trademark revocation and trademark cancellation?
Trademark revocation:
Trademark revocation refers to the successful registration of a trademark without the conditions for registration. If the application conditions are inconsistent, the trademark office may revoke the trademark according to its authority. Any other entity or individual may also request the trademark review and adjudication board to rule on the revocation of the registered trademark. Trademark revocation can be divided into three types: improper use revocation, improper registration revocation and dispute revocation.
Trademark cancellation:
Trademark cancellation refers to the legal procedure that the trademark office cancels the registered trademark in whole or in part in accordance with the application of the trademark owner or the failure to renew the trademark upon the expiration of the period. Trademark cancellation includes two situations: application for cancellation and trademark office's active cancellation.
There are two main differences between trademark revocation and trademark cancellation:
First, after a trademark is revoked, the trademark office shall, within one year from the date of the revocation, not approve any application for registration of a trademark that is identical with or similar to that trademark. There are no similar provisions for trademark cancellation.
Second, for the owner of a trademark, trademark revocation is a passive act (such as being revoked by a ruling of the trademark office or another person applying for the revocation of the trademark), while trademark cancellation is an active act (such as actively applying for the cancellation of the trademark).
How to prevent:
To prevent from revocation, when we use the trademark at ordinary times, we must standardize the use of the trademark, do not change the trademark at will, the trademark registration information changes to the trademark office in a timely manner. What is more, after getting the trademark should use the trademark as far as possible, do not let it idle
We must renew the trademark in time to prevent the trademark from being cancelled.
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