Understanding Trademark Non-Use Cancellations
A trademark can be vulnerable to cancellation if it is not actively used in commerce. Competitors may file for non-use cancellations after 3 or 5 years of inactivity. If you cannot provide evidence of use, your trademark registration will be cancelled.
Our Solution: Proactive Trademark Refiling
We offer a service to refile your trademark before the non-use cancellation deadline. This ensures continuous protection of your brand and keeps your trademark rights intact*.
Non-Use Periods
3 or 5 -Year Non-Use Cancellation: Jurisdictions with a 3 or 5-year non-use period require that the trademark be used in commerce within three or five years from the registration date. If not, it becomes vulnerable to cancellation.
How It Works
- Consultation:
Discuss your trademark status and non-use concerns with our experts. - Assessment:
We evaluate the need for refiling based on the upcoming deadlines. - Refiling:
Our team handles the entire refiling process efficiently and accurately. - Confirmation:
Receive confirmation of your newly filed trademark, ensuring ongoing protection.
Key Benefits of Our Service
- Continuous Trademark Protection:
Prevents gaps in trademark protection. - Risk Mitigation:
Reduces the risk of losing your trademark due to non-use. - Peace of Mind:
Ensures compliance with trademark regulations without the stress of proving use.
Why Is This Important?
Losing your trademark can lead to:
- Loss of brand identity
- Increased risk of brand imitation
- Legal complications and additional costs
| Jurisdiction | Non-Use Period | Suggested Refiling Time | 1st Class Fee (HKD) | Extra Class Fee (HKD) |
|---|---|---|---|---|
| Hong Kong | 3 years | 2.5 years after registration | 2,500 | 1,500 |
| China | 3 years | 2.5 years after registration | 2,000 | 2,000 |
| Macau* | 3 years | 2.5 years after registration | 2,800 | 2,800 |
| Taiwan | 3 years | 2.5 years after registration | 4,500 | 3,500 |
| Japan | 3 years | 2.5 years after registration | 9,500 | 7,500 |
| South Korea | 3 years | 2.5 years after registration | 6,800 | 6,800 |
| Philippines | 3 years | 2.5 years after registration | 4,500 | 4,000 |
| 5 years | 4.5 years after registration | |||
| Malaysia | 3 years | 2.5 years after registration | 6,800 | 6,800 |
| Singapore | 5 years | 4.5 years after registration | 4,000 | 4,000 |
| Thailand | 3 years | 2.5 years after registration | 9,500 | 8,500 |
| Vietnam | 5 years | 4.5 years after registration | 5,500 | 3,500 |
| Australia | 3 years | 2.5 years after registration | 4,000 | 4,000 |
| New Zealand | 3 years | 2.5 years after registration | 3,500 | 2,500 |
| European Union | 5 years | 4.5 years after registration | 11,500 | 1,000 |
| United Kingdom | 5 years | 4.5 years after registration | 5,500 | 4,500 |
| United States | 5-6 years | 5.5 years after registration | 6,500 | 4,500 |
| Cambodia | 5 years | 4.5 years after registration | 6,000 | 6,000 |
| Mexico | 3 years | 2.5 years after registration | 6,800 | 5,800 |
| Argentina | 5 years | 4.5 years after registration | 7,500 | 6,500 |
* Please note that it is the examiner’s discretion to approve your refiling mark.
* POA notarization fee costs extra.
* EU Trademark: 3rd or each additional class will cost HKD 2,000.
* For other jurisdictions, please send us a message.
* Note: This leaflet is for informational purposes only and does not constitute legal advice.