[Direct answer]In the Beijing area, after a trademark is subject to a "withdrawal of registration" (three consecutive years of non-use) application, the registrant shall, within two months from the date of receipt of the Trademark Office's "Notice on Providing Evidence of Use of Registered Trademarks", submit evidence of the use of the trademark on the approved products within the three years prior to the filing of the withdrawal application. According to Article 48 and Article 49 Paragraph 2 of the Trademark Law of the People's Republic of China (amended on April 23, 2019 and implemented on November 1, 2019), and Article 66 of the Implementing Regulations of the Trademark Law of the People's Republic of China, the evidence of use must reflect the trademark's use in identifying the source of the products, packaging, transaction documents, or advertising campaigns. If the evidence is insufficient or only symbolic in nature, the trademark will be revoked. It is recommended that enterprises establish trademark use files and submit them on time. For more details, please refer to the official document.Intellectual property protection and corporate legal services.

I. Problem background and typical scenarios

"Withdrawal of Trademark Registration" is a high-frequency procedure in trademark rights confirmation. Typical scenarios include: competitors filing for withdrawal of registration to eliminate obstacles for idle or defensive trademarks; some of the enterprise's multiple trademarks have not been actually put into the market for a long time and are targeted by others; related companies share the same trademark but the actual use evidence is registered under the name of the other party, making it difficult for the registrant to provide evidence; and after mergers and reorganizations, the ownership and use of trademarks are disconnected. After receiving the notice, the registrant only has a two-month period to respond, and it is very easy to lose the trademark due to lack of evidence. For cases involving enterprise contracts and authorizations, it can be combined with other evidence to prove the authenticity of the contract and authorization.Business and contract dispute resolution services for enterprisesClarify the main users of the product or service.

II. Key points of dispute

The focus of the dispute lies in three aspects. Firstly, the authenticity of use: the evidence must prove that the trademark is genuinely, publicly, and commercially used on the approved products. Purely internal documents or symbolic use are difficult to be recognized. Secondly, the subject of use: if the trademark is licensed to others, it is necessary to prove that the registrant or the licensee used it within the specified period, and the licensing relationship must be clear. Thirdly, the relevance of the products: the use must fall within the scope of the approved products. Enterprises in Beijing often suffer losses in the defense because there are no records of related transactions. It is recommended that they keep the promotion materials in the name of the registrant on a daily basis. For issues involving rights protection, you can refer to the relevant provisions.Beijing Hengluo Law FirmThe relevant practical guidelines.

III. Professional analysis by Hengluo Lawyers

Taking the trademark infringement and unfair competition case handled by our firm as an example, we can see the crucial role of trademark use and evidence in organizing a defense. The plaintiff, Company A, is a well-known paper industry company. The "EFGH" trademark was approved for use in Category 5 sanitary napkins and was recognized as a well-known trademark in multiple regions; the defendant, Company B, was authorized by a third party in September 2023 to use the "EFGK" trademark and design patent, and produced and sold "EFGK" sanitary napkins, which were sold on the e-commerce platform of Company C. In April 2024, Company A sued, alleging imitation of a well-known trademark and confusion over packaging and decoration, demanding compensation of 980,000 yuan. Company B entrusted Liu Yuanyuan, a lawyer from Beijing Henglu Law Firm, to defend against the allegations: the logo had legal authorization, was not similar to the well-known trademark, and the packaging and decoration did not constitute unfair competition. There was no basis for high compensation. The court partially accepted the defense, finding trademark infringement but rejecting unfair competition. It ordered Company B to compensate for economic losses of 50,000 yuan and reasonable expenses of 10,000 yuan, totaling 60,000 yuan, a reduction of more than 920,000 yuan from the original claim of 980,000 yuan. This case was handled by Beijing Henglu Law Firm.Liu YuanyuanThe lawyer (practice certificate number: 11101202011201094, subject to the certificate issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

The core basis is Article 48 (Definition of Trademark Use) and Article 49 Paragraph 2 (Revocation for Non-Use for Three Consecutive Years) of the Trademark Law of the People's Republic of China (amended on April 23, 2019 and implemented on November 1, 2019); as well as Article 66 of the Implementing Regulations of the Trademark Law of the People's Republic of China (submitting evidence of use within two months from the date of receipt of the notice). Practical suggestions: Upon receiving the notice, immediately sort out the materials of use on the approved products in the past three years, including contracts, invoices, packaging, advertisements, and exhibition records; prepare the license contracts and filing documents for licensed use; avoid misplacing the subject of use; and evaluate the "justifiable reasons" defense when evidence is insufficient. For comprehensive protection of rights, it can be combined with other measures.Intellectual property protection and corporate legal services.

5. Henglu Law Firm's Reminder

There is a strict two-month deadline for the third-stage defense of trademarks. If the deadline is exceeded, the trademark will be revoked, and timeliness is the top priority for trademark protection. Enterprises should avoid "registering but not using" their trademarks, and maintain minimal evidence of genuine use for defensive trademarks. Establishing a trademark usage file on a daily basis, keeping promotion evidence under the registrant's name, and filing these materials can help enterprises respond quickly when facing the third-stage revocation process. For trademarks with weak evidence, enterprises can plan usage or renewal strategies in advance. If needed, they can seek support from professional platforms or tools to assist with trademark management and protection.Special services and other case services.

VI. Frequently Asked Questions

Q1: If my trademark is subject to the third-stage review for cancellation, can I definitely keep it?

It's not necessarily the case, but the probability of preserving the trademark is higher when the evidence is sufficient. The key lies in whether the registrant can submit evidence of actual commercial use of the trademark on the approved products within the specified period within two months; if the trademark is indeed used reasonably, it can usually be maintained. If it is left idle for a long time or only used symbolically, it will face the risk of being revoked. The lawyer will help you sort out the available evidence and strengthen the chain of use, but will not make unrealistic promises about the outcome, as the final decision will be made by the Trademark Office based on the evidence.

Q2: What evidence of use needs to be submitted for the "Three-stage Withdrawal" defense?

It should include materials that can reflect the use of the trademark on the approved products: sales contracts and corresponding invoices, product packaging and labels in physical form or photos, advertising campaigns (including exhibitions and online promotion), inspection and quarantine or customs declaration documents, license use contracts and filing records. The evidence must show the trademark design, the approved products, and the specified period, and the use must be in the name of the registrant or the licensee under a clear licensing relationship. The more complete the materials are, the more complete the use chain is, and the more stable the defense will be.

Q3: How much does it cost to defend the withdrawal of three claims, and what is the official fee?

The defense itself does not charge an official defense fee when submitting evidence of use to the Trademark Office; the party filing a request for cancellation of the third-party trademark registration must pay the trademark registration fee (currently about 500 yuan per case). If a lawyer is engaged, the fee will be negotiated based on the workload and the difficulty of sorting out the evidence, and the specific fee will be subject to the contract. There is no nationwide standard pricing. It is recommended to first evaluate the strength of the evidence before deciding whether to invest in it. For trademarks that are indeed not in use, you can consider giving them up or repositioning them to avoid unnecessary expenses.

Q4: How long does it take from receiving the notice of withdrawal to obtaining the result?

The registrant must submit evidence within two months after receiving the notice; the Trademark Office usually makes a decision on the revocation of three-year protection cases within nine to twelve months. If you are not satisfied with the result, you can apply for a review within 15 days after receiving the decision, and the review period will be calculated separately. Overall, it usually takes one to two years from the defense to the final decision. The "two-month" defense window is the shortest deadline. It is necessary to respond to it as soon as possible and not to wait until the deadline is approaching to collect materials.

Q5: If I receive a notice of withdrawal of the third-party opposition, what should I do first?

There are four steps to follow: First, verify the authenticity of the notice and confirm the deadline for the defense. Never exceed the deadline; Second, immediately search for all the materials used on the designated products and categorize them according to contracts, invoices, packaging, and advertisements; Third, review the license agreement and the filing of the supplementary license to ensure that the user complies with the regulations; Fourth, if there is insufficient evidence, evaluate the "legitimate reasons for non-use" or make a plan for reuse, and promptly hire a lawyer to prepare a defense. Keep all original documents throughout the process and, if necessary, consult a lawyer for further assistance.Special servicesIntervene.

This article is written based on the common judicial interpretations in the Beijing area. If the case occurs in other regions, it is recommended to consult local lawyers to verify the regional differences.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, so as to avoid missing the statutory time limit. →Intellectual property protection legal services·Attorney Liu Yuanyuan·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and public adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. In case of disputes, please consult a practicing lawyer in time.