What are the exact procedures for a trademark registrant to submit use evidence?

14:23, September 01, 2009        

Q: According to Article 44 of the Trademark Law of China and Rule 39 of its Implementing Regulations, “where the use of a registered trademark has ceased for three consecutive years, the Chinese Trademark Office may cancel the registered trademark. Besides, any person may petition the Trademark Office for cancellation of such a registered trademark”. So what are the exact procedures for a trademark registrant to submit use evidence?

  A: Despite the literal wording of the Trademark Law, in practice the Chinese Trademark Office rarely implements its ex officio power to inspect the use status and remove a registered trademark. Unlike the trademark system of the United States, there is no procedure in China requiring a trademark registrant to submit use evidence to the Trademark Office on a regular and mandatory basis. In most cases, only when a third party applies for cancellation of a registered mark on the grounds of non-use for three consecutive years, will the Trademark Office notify the trademark registrant to submit use evidence within a prescribed period and conduct conduct an examination accordingly.

  Source:China IP

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Clothing made in China register trademarks abroad and become international brands. And then the price soars. What do you think?
Is not supported. It's fraud!
Suppot. It doesn't break the law.
Have no idea.