Cancellation
On Trademarks Based On Non-Use
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1.
Trademark Use
2. Non-Use
3. Cancellation Procedure
1.
Trademark Use
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"The
use of trademarks referred to in the Trademark
Law and these Regulations include, among other
things, the use of trademarks on goods, packages
or containers thereof and commodity trading
instruments, or use of trademarks in advertisements,
exhibitions and other commercial activities."
(Implemention Regulation of Chinese Trademark
Law, Article 3)
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2.
Non-Use
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"The Trademark Office shall order the user
of a registered trademark to rectify the situation
within a specified time limit, or shall cancel
the registered trademark, if the user:
(1)
alters the registered trademark without the prescribed
procedure;
(2)
changes the name or address of the owner of a
registered trademark, or other matters contained
in the registration, without the prescribed procedure;
(3)
assigns the registered trademark without the prescribed
procedure; or
(4)
has not used the trademark for an uninterrupted
period of three years." (Chinese Trademark
Law, Article 44)
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3.
Cancellation Procedure
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"In respect of any of the acts referred
to in Article 44 (1), (2) and (3) of the Trademark
Law, the administrative authority for industry
and commerce shall order the trademark registrant
to rectify the situation within a time limit.
If the registrant refuses to comply, the case
shall be submitted to the Trademark Office for
cancellation of the registered trademark.
In
respect of the act referred to in Article 44 (4)
of the Trademark Law, any person may apply to
the Trademark Office for cancellation of the said
registered trademark and explain the circumstances.
The Trademark Office shall notify the trademark
registrant and require him to furnish, within
two months from the date of receipt of the notification,
proof of use of the trademark before the date
on which the application for cancellation is filed,
or a justifiable reason for its non-use. If no
proof of use, nor a justifiable reason for the
non-use is furnished at the expiration of the
time limit or the proof is invalid, the Trademark
Office shall cancel his registered trademark.
The
proof of use of a trademark referred to in the
preceding paragraph includes the proofs of the
registrant's use of the registered trademark and
his licensing any other person to use the registered
trademark." (Implemention Regulation Under
Chinese Trademark Law, Article 39)
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