When conducting global trademark layout, we often encounter such a problem: when searching for the trademark we want to register, we find that someone has already registered the same trademark in the same category several years ago. However, after investigation, it was found that the trademark had not been used for several years. So, how can one register their trademark at this point? Is there any way to invalidate or revoke his unused trademark?
The answer is: Yes!    
The purpose of registering a trademark is to enable the public to see, understand, and remember the brand. This has become a global consensus. Therefore, for registered trademarks that have not been used for a long time, countries around the world have a corresponding set of measures to handle them. In order to enable more people who want to register the same or similar trademarks to use and register them on the same or similar goods and services, the regulations on the "revocation of unused trademarks" system in various countries around the world are similar. The common ones are mainly "revocation three" (application for revocation of a registered trademark without justifiable reasons for not using it for three consecutive years) and "revocation five" (application for revocation of a registered trademark without justifiable reasons for not using it for five consecutive years). A small number of countries also have "withdrawal one" and "withdrawal two" systems. Today, the editor has compiled the following table on the "unused revocation system" for trademarks in various countries around the world, making it more convenient and intuitive for everyone to understand  

What should I do if a trademark is revoked by someone on the grounds of not being used for three years?

Providing evidence of use is crucial when dealing with trademark revocation applications. Although invoices can serve as part of the evidence of use, simply providing invoices may not be sufficient to prove the use of the trademark. The evidence of trademark use should include the actual use of the trademark in goods, services, advertising, etc., such as directly attaching, engraving, branding, etc. to goods, packaging, containers, or using it in advertising. If the defense exceeds two months, it may affect the decision of the Trademark Office. The trademark registrant shall submit evidence of use or explain the legitimate reasons for not using within two months after receiving the notice. If this deadline is missed, the Trademark Office may make a revocation decision based on existing evidence.

In the face of this situation, trademark registrants can take the following measures:

Prepare sufficient evidence: In addition to invoices, other relevant evidence should also be collected, such as product photos, sales contracts, advertising materials, etc., to prove the actual use of the trademark in the past three years. Timely defense: Ensure the submission of defense materials within the specified time, explaining the use of the trademark and the legitimate reasons for not using it. Seeking professional help: If you are not familiar with the handling of the application to withdraw from the third party, you can consult a professional intellectual property lawyer or agency for professional legal advice and assistance. Through these measures, the likelihood of trademark registrants successfully retaining their trademarks can be increased.

exceptional case:

In some countries, such as Thailand, the burden of proof for "unused revocation" lies with the revocation party, who must provide evidence to prove that the registered trademark has not been used within three years. This requires the revocation applicant to conduct market research and provide a survey report first. Although it is preliminary evidence, in practice, the Thai authorities have relatively high requirements for the content and form of the investigation report. If the revoked party can provide evidence of any use in any part of Thailand, the revocation will end in failure. In addition, even if the registered trademark has not been used for three consecutive years, the registrant can still request the official to maintain the trademark registration by proving that the non use was caused by special circumstances and that the registrant did not actually intend to abandon the trademark. From the above, it can be seen that it is very difficult to carry out "unused revocation" in Thailand, and trademark law tends to protect the rights and interests of trademark registrants. It is worth mentioning that not all countries' trademark "unused revocation" applications can be filed with the local trademark office. Generally speaking, submitting a "revocation" application to the Trademark Office has a simpler procedure and lower costs. But in some Middle Eastern countries, trademark "unused revocation" must be filed with the court, such as "UAE, Bahrain, Qatar, Saudi Arabia", etc. The same applies in Asia, including Macau, Malaysia, Indonesia, and others. If the application for revocation needs to be submitted to the court, it will significantly increase the time and cost expenses for the applicant to file the revocation. If these countries and regions are involved, applicants are more willing to obtain trademark registration through other means unless it is imperative.

Previous related article recommendations:

1Introduction to the Revocation of Three Consecutive Years of Not Using a Registered Trademark (Revocation Three)

2Detailed introduction of evidence used in the withdrawal of three items