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Trademark Cancellation
Oct 2018
Trademark cancellation trial means a judgment (Article 73 of the trademark law) in which a trademark is effectively forfeited to the future by a judge for reasons of legal reasons.

In the event that a trademark cancellation trial by non-use is used by any trademark, exclusive or ordinary authorized person without due reason, the trademark shall not be used for more than three years prior to the cancellation of the designated product. (Article 73 subparagraph 1 of the Trademark Law)

Reason for Cancellation

- Noe of the trademark owner or the exclusive licensee have used the trademark.
- In case the trademark is not used for specified products
- Disused in domestic use for more than three years continued before the day of appeal
- There should be no justification for the non-use of the trademark.

The Claimant and The Respondent

The complainant is limited to interested parties, and the respondent is a registered trademark owner of the trademark registration at the time of the judgment claim.

Subject to Charge

If there is more than one designated product for the trademark, a cancellation appeal may be made for all or part (article 73 of the trademark law).

This allows you to file a cancellation claim for each of the specified products as the effect of the use of any of the specified products may be avoided due to the effect of the use on the remaining products.

However, when requesting a cancellation trial for a part, all specified products belonging to the same similarity code should be charged to avoid the reason for refusal due to similar products remaining in the trademark where some designated products have been canceled.

When to Claim

A non-use cancellation claim can only be claimed if the trademark is still valid.

Responsibility for Proof

If the claimant claims that the trademark is not used, the trademark owner (the trademark owner, Article 73, Paragraph 4 of the Trademark Act) is required to prove that he / she has properly used one or more of the designated products related to the request for cancellation.

The application for cancellation of trademark registration under Article 73 (1) (3) of the Trademark Act pursuant to the Revised Trademark Act (Law No. 11747) enforced on October 6, 2013, (Article 8 (5) of the Trademark Act) has been abolished, and the former provisions are applied to the person who filed before the enforcement of the Act (Article 5).

Company information

BKIP Limited

Unit 2202, 22/F, Causeway Bay Plaza I, 489 Hennessy Road, Causeway Bay, Hong Kong
(852) 3157 0065
tm@bkip.com.hk