The basis for the State Trademark Office to declare Dong Wei s trademark invalid

Hello, 1) Violation of the grounds for absolute refusal of registration. A registered trademark shall be declared invalid by the Trademark Office under the following four circumstances; Other entities or individuals may request the Trademark Review and Adjudication Board to declare it invalid.

Violation of Article 10 of the Trademark Law:

Violation of Article 11 of the Trademark Law:

Violation of Article 12 of the Trademark Law:

Obtaining registration by deception or other improper means. (e.g., fabrication, concealment of facts, falsification of materials, etc.).

2) Violation of the reasons for relative refusal of registration. Under the following seven circumstances, the prior right holder or interested party may request the Trademark Review and Adjudication Board to declare the registered trademark invalid within 5 years from the date of registration of the trademark. For bad faith registration, the owner of a well-known trademark is not subject to a time limit of 5 years.

Violating the provisions of the Trademark Law by preemptively registering unregistered trademarks due to business relationships; Preemptively registering the trademark of the person being **

In violation of the provisions of the Trademark Law, the trademark contains a false geographical indication:

Violating the provisions of the Trademark Law, identical or similar to a trademark registered or preliminarily approved:

Violation of the provisions of the Trademark Law and the first-to-file principle supplemented by first-to-use:

Have you not received a written notice of invalidation?

Summary. If the State Intellectual Property Office is dissatisfied with the decision of the State Intellectual Property Office to declare a registered trademark invalid ex officio, the trademark registrant may apply for reexamination. This is (). A. Trademark rejection review B, non-registration review C, invalidation review D, registered trademark cancellation review answer: C

If the State Intellectual Property Office is dissatisfied with the decision of the State Intellectual Property Office to declare the registered trademark invalid ex officio, the trademark registrant may not.

If the State Intellectual Property Office is dissatisfied with the decision of the State Intellectual Property Office to declare the invalidity of the registered trademark ex officio, the trademark registrant may apply for a review. This is (). A. Trademark rejection review B, non-registration review C, invalidation review and reinvention D, registered trademark cancellation review answer: C

Analysis: Trademark rejection review refers to the decision of the State Intellectual Property Office to reject the trademark registration application on all the designated goods (services) or some designated goods (services) after examination. Non-registration review refers to the decision of the State Intellectual Property Office to refuse registration if the State Intellectual Property Office considers that the objection to all or part of the designated goods (services) is established, and the objector may apply for a review if the object is not satisfied.

Invalidation review refers to the fact that the trademark registrant may apply for a review if the trademark registrant is dissatisfied with the decision of the State Intellectual Property Office to declare a registered trademark invalid ex officio. The revocation review of a registered trademark means that a party may apply for a reexamination if it is dissatisfied with the decision of the State Intellectual Property Office to revoke or not to revoke the registered trademark.

Thank you for your trust.

Answers]: a, b, c, d

According to the number of sails, trademarks can be divided into text Zen trademarks, graphic form first trademarks, letter trademarks, digital trademarks, three-dimensional logo trademarks, color combination trademarks, combination trademarks, and sound trademarks.

Summary. Foreign trademarks can be used if they are not registered in China. However, it is not protected, and only the trademark in the place where the application is filed is protected by the country where it is located.

Trademark rights are territorial. Trademark rights obtained in a country under local laws can only be protected within the jurisdiction of that country, and protection in other countries is handled in accordance with international treaties or the principle of reciprocity. Overseas trademarks that have not been registered with the Trademark Office of the State Administration for Industry and Commerce do not enjoy the exclusive right to use registered trademarks and may not use the registered marks; Overseas trademarks that are not registered in China can be used as unregistered trademarks in China, but they must comply with the relevant provisions of the Trademark Law, and if they infringe on the exclusive right to use registered trademarks in China, they must bear relevant legal liabilities in accordance with the provisions of the Trademark Law.

Trademarks that are not registered in China are not protected by China's Trademark Law.

Foreign trademarks, not registered in my country, can I use them.

Foreign trademarks can be used if they are not registered in China. However, it is not protected, and only the trademark in the place where the application is filed is protected by the country in which it is located. Trademark rights are territorial.

Trademark rights obtained in one country under local laws can only be protected in the jurisdiction of that country, and protection in other countries is governed by international treaties or the principle of reciprocity. Overseas trademarks that have not been registered with the Trademark Office of the State Administration for Industry and Commerce do not enjoy the exclusive right to use registered trademarks and may not use the registered marks; Overseas trademarks that are not registered in China can be used as unregistered trademarks in China, but they must comply with the relevant provisions of the Trademark Law, and if they infringe on the exclusive right to use registered trademarks in China, they must bear relevant legal liabilities in accordance with the provisions of the Trademark Law.

Hello, trademarks that are not registered in China are not protected by China's trademark law. Foreign trademarks, not registered in our country, you can use them.

There is a Korean trademark, Senwoo brand name: ader, I have not found it registered in China, that is, can I use it? How should you understand the international treaties or the principle of reciprocity to which you are a party? Thank you.

Hello, the international treaty or the principle of reciprocity is also a burning simple group of oranges, trade name: ader, has not been registered in China, you can use it, but if he is registered in the town in the future, you can not use it.

Hello, but you can change it slightly, and you can also use it when he is registered in China in the future.

Hello, can you add v in private? Consultation is available for a fee.

The slight change you mentioned means that we make a slight change before he is registered in China, and if he succeeds in covering the jujube note in the future, even if we dismantle and change it slightly, isn't it also a similar infringement of the trademark?

Hello, you can use ader China to register, if successful, there will generally be no similar trademark infringement.

This is very difficult to succeed because the previous registration of ader was rejected.

Hello, then you can only use it first. Let's see if he will be registered in China later.

Are the existing registered trademarks adererror and ader similar trademark infringement from the perspective of English letters?

Hello, there are so many differences, and it will definitely not be regarded as trademark similar infringement.

Answer]: [Analysis] This question is a discriminatory question, under normal circumstances, in order to obtain the exclusive right to use a trademark, it must be registered, and it can only be protected by law after registration. However, some trademarks are protected by law without registration, such as:

Well-known trademarks and trademarks with a certain influence. The law protects well-known trademarks, regardless of whether they are registered or not. So the title is not entirely correct.

This statement is not entirely true. The specific analysis is as follows: (1 point).

In China, registration is a condition for obtaining trademark rights. Unregistered trademarks are generally not protected by the Trademark Law. The focus of the protection of the Trademark Law is on registered trademarks, and conditional protection refers to the granting of special protection outside the registration system to well-known trademarks and trademarks with a certain influence among unregistered trademarks.

4 points) The special protection for unregistered trademarks is embodied in:

1) Protection of unregistered trademarks that have a certain impact. When a long-term used mark has a recognition effect, is recognized by consumers, and enjoys a certain reputation, the unregistered trademark can also obtain a certain degree of protection under the Trademark Law. (3 points, if the protection of an unregistered trademark is granted through the well-known trademark system, it can also be awarded).

2) Special protection for unregistered well-known trademarks. A well-known trademark is a trademark that is widely known to the relevant public in China. A well-known trademark can be a registered trademark or an unregistered trademark, and both are protected by China's Trademark Law.

If the trademark applied for registration for the same or similar goods is a copy, imitation or translation of a well-known trademark of another person that has not been registered in China, and is likely to cause confusion, it shall not be registered. If the trademark applied for registration for non-identical or dissimilar goods is a copy, imitation or translation of a well-known trademark already registered in China by another person, misleading the public, causing the interests of the well-known trademark to be harmed, it shall not be registered and its use shall be prohibited.

The prohibition clause of a trademark is to determine that a sign that is not listed shall not be used as a trademark, or that if the following signs are used in violation of the law, it does not meet the basic standards of trademarks and cannot be used as trademarks. Signs that are prohibited from being used as trademarks are:

1) It is the same or similar to the national name, national flag, national emblem, military flag, or medal of the People's Republic of China, and the same as the name of a specific place where a state organ is located or the name or graphic of a landmark building. The purpose of this regulation is to safeguard the dignity of the state, the military prestige of the army, the honor of medals, and the image of state organs.

2) It is the same or similar to the national name, national flag, national emblem and military flag of a foreign country, except for the consent of the country. The purpose of this provision is to show respect for foreign countries and militaries; However, the above items are not prohibited in all cases, but can also be used with the consent of foreign countries in accordance with relevant international agreements, and this content was added in the second revision of the Trademark Law.

3) The name, flag, or emblem of the same international organization is the same or similar, except with the consent of the organization or where it is not easy to mislead the public. The purpose of this provision is to preserve the dignity and respect of these organizations, and the preceding provisions, which were previously prohibited from being used, are now subject to the addition of exceptions in accordance with the relevant international agreements.

4) It is the same or similar to the official mark or inspection mark that indicates actual control and guarantees, except for those that are authorized. This provision embodies the protection of certain signs and specifies the specific conditions for their use, and is newly added in accordance with the current situation.

5) It is the same or similar to the name or symbol of "Red Cross" or "Red Crescent". This provision is a sign of respect for these international groups.

6) Ethnically discriminatory. This provision embodies the principle of equality of all ethnic groups and the prohibition of discrimination and oppression against any ethnic group, as stipulated in our Constitution.

7) Exaggerated and deceptive. This provision reflects that the use of trademark signs must follow the principle of good faith and must not deviate from authenticity and deceive the public.

8) It is harmful to socialist morality or has other negative influences. This regulation embodies the requirements of abiding by socialist morality, strengthening the building of socialist spiritual civilization, persistently advocating fine social customs, safeguarding social and public interests, and respecting social morality.

In the trademark prohibition clause, the second revision of the Trademark Law stipulates that "the geographical names of administrative divisions at or above the county level or foreign geographical names known to the public shall not be used as trademarks." However, the geographical name has other meanings or is an integral part of a collective mark or certification mark; Trademarks that have been registered for the use of geographical names continue to be valid".

These provisions, which contain both prohibitions and exclusions, are designed to accommodate the complex situation of using geographical names as trademarks.