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The Trademark Review and Adjudication Board shall, within nine months from the date of receipt of the application, make a ruling to maintain the registration or declare the registered trademark invalid, and notify the parties concerned in writing. If there are special circumstances that need to be extended, it can be extended for three months with the approval of the administrative department for industry and commerce. If a party is not satisfied with the ruling of the Trademark Review and Adjudication Board, it may file a lawsuit with the people's court within 30 days from the date of receipt of the notice.
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The statute of limitations for filing a trademark invalidation is 9 months. Article 44 of the Trademark Law: If a registered trademark violates the provisions of Articles 10, 11 and 12 of this Law, or is registered by deception or other improper means, the Trademark Office shall declare the registered trademark invalid; Other entities or individuals may request the Trademark Review and Adjudication Board to declare the registered trademark invalid.
The process for an individual to request an invalidation of a registered trademark.
1. If other units or individuals request the Trademark Review and Adjudication Board to declare the registered trademark invalid, they shall apply to the Trademark Review and Adjudication Board;
2. After receiving the application, the Trademark Review and Adjudication Board shall notify the relevant parties in writing and submit a reply within a time limit, and may handle the defense of trademark invalidation;
3. The Trademark Review and Adjudication Board shall make a ruling to maintain the registered trademark or declare the registered trademark invalid within 9 months, and notify the parties in writing. If there are special circumstances that require an extension of the time limit, it can be extended for 3 months with the approval of the administrative department for industry and commerce;
4. If the party concerned is not satisfied with the ruling of the Trademark Review and Adjudication Board, he or she may file a lawsuit with the people's court within 30 days from the date of receipt of the notice;
5. After accepting the lawsuit, the people's court shall notify the other party to the trademark adjudication procedure to participate in the litigation as a third party.
1. Time period for applying for trademark invalidation:
Days: If the trademark owner receives the notice of invalidation of the trademark, he or she can apply to the TRAB within 15 days for the re-examination of the trademark to be reopened.
Months: The TRAB shall make a decision on the review within 9 months, which may be extended by 3 months under special circumstances.
If the review fails, the person who has closed the law may file a lawsuit with the people's court within 30 days from the date of receipt of the notice.
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The statute of limitations for filing a trademark invalidation is 9 months. Article 44 of the Trademark Law: If a registered trademark that has been registered in the Trademark Law violates the provisions of Articles 10, 11 and 12 of this Law, or is registered by deception or other improper means, the Trademark Office shall declare the registered trademark invalid; Other entities or individuals may request the Trademark Review and Adjudication Board to declare the registered trademark invalid.
Procedures for individuals to request invalidation of a registered trademark1. If another unit or individual requests the Trademark Review and Adjudication Board to declare that the registered trademark is invalid, it shall submit an application to the Trademark Review and Adjudication Board; 2. After receiving the application, the Trademark Review and Adjudication Board shall notify the relevant parties in writing and submit a reply within a time limit, and may handle the defense of trademark invalidation; 3. The Trademark Review and Adjudication Board shall make a ruling to maintain the registered trademark or declare the registered trademark invalid within 9 months, and notify the parties in writing. If there are special circumstances that require an extension of the time limit, it can be extended for 3 months with the approval of the administrative department for industry and commerce; 4. If the party concerned is not satisfied with the ruling of the Trademark Review and Adjudication Board, he or she may file a lawsuit with the people's court within 30 days from the date of receipt of the notice; 5. After accepting the lawsuit, the people's court shall notify the other party to the trademark adjudication procedure to participate in the litigation as a third party.
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