According to Article 49 of the Trademark Law of the People's Republic of China and Article 66 of the Regulations for the Implementation of the Trademark Law, if a registered trademark is not used for three consecutive years without justified reasons, any unit or individual may apply to the China National Intellectual Property Administration for cancellation of the registered trademark, that is, to cancel the application for not using the registered trademark for three consecutive years, which is referred to as "cancellation of three" in practice. The "revocation of three" discussed in this article only refers to the revocation of a registered trademark application that has not been used for three consecutive years. It also serves as a reference for trademark revocation review and subsequent revocation review administrative litigation.
The purpose of establishing the system of revoking three trademarks in the Trademark Law is to urge trademark registrants to use trademarks legally and effectively, objectively serving the purpose of clearing idle trademarks, curbing malicious registrations, and maintaining fair competition order. Due to the fact that any unit or individual can apply without any threshold, revocation has become a common means of removing prior obstacles to trademarks, and the probability of trademark revocation accounts for more than 70%. The final result of revocation is that the trademark right is invalidated. Therefore, trademark registrants should actively provide evidence.
The trademark registrant shall submit the evidence of use to the China National Intellectual Property Administration within 2 months from the next day after receiving the letter of Notice on Providing Evidence of Use of Registered Trademarks issued by the China National Intellectual Property Administration. Taking the No. 8037696 "Xuefeng Mountain" case represented by our company as an example, after receiving the letter, the trademark registrant contacted our company in a timely manner to inquire about the relevant process and evidence preparation, determined the complete evidence chain combining physical evidence, documentary evidence and electronic data, submitted to the China National Intellectual Property Administration materials including product photos, product label printing contracts and invoices, and the back office sales record notarization certificate of e-commerce platform, and finally obtained the decision of the China National Intellectual Property Administration to maintain the registration.
From the above content, it can be seen that trademark registrants should pay attention to retaining contracts, invoices, and other evidence related to trademark use in their daily business activities. When encountering someone else's request to withdraw their registered trademark, there is no need to be anxious. They should reasonably submit real, public, and legal evidence of use, which is likely to receive official support. We believe that as long as the trademark registrant actively and honestly uses the trademark, they will not be afraid of being sued for "withdrawal".