How can a trademark that has not been actually used for three years be exempted from cancellation in the three-year cancellation procedure?
According to Article 20, Paragraph 3 of the “Opinions of the Supreme People’s Court on Several Issues Concerning the Trial of Administrative Cases on Trademark Authorization and Confirmation of Rights”, if the trademark owner fails to actually use the registered trademark or stops using it due to objective reasons such as force majeure, policy restrictions, bankruptcy liquidation, etc., or the trademark owner has a real intention to use the trademark and has the necessary preparations for actual use, but has not actually used the registered trademark due to other objective reasons, it can be determined that there are legitimate reasons. Therefore, if the above conditions are met, a trademark that has not been actually used for three years can be exempted from cancellation in the three-year cancellation procedure.