What can be the grounds for trademark invalidation

There are the following grounds for trademark invalidation:

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:

Legal basis] Article 44, Paragraph 1 of the Trademark Law, if a registered trademark violates the provisions of Article 4, Article 10, Article 11, Article 12 and Article 19, Paragraph 4 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.

Paragraph 1 of Article 45 of the Trademark Law, if a registered trademark violates the provisions of Paragraphs 2 and 3 of Article 13, Article 15, Paragraph 1 of Article 16, Article 30, Article 31 and Article 32 of this Law, the prior right holder or interested party may request the Trademark Review and Adjudication Board to declare the registered trademark invalid within five years from the date of registration of the trademark.

The main reasons for trademark invalidation are as follows:

1. After being registered in accordance with the law, the trademark is found to have violated the necessary conditions for registration of the Trademark Law of the People's Republic of China, or the party concerned has obtained the registration by deception or other improper means;

2. Preemptively registering well-known unregistered trademarks by improper means;

3. Other reasons for trademark invalidation.

Legal basisArticle 44 of the Trademark Law of the People's Republic of China.

If a registered trademark violates the provisions of Article 4, Article 10, Article 11, Article 12 or Paragraph 4 of Article 19 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.

When the Trademark Office makes a decision to declare a registered trademark invalid, it shall notify the parties concerned in writing. If the party concerned is not satisfied with the decision of the Trademark Office, it may apply to the Trademark Review and Adjudication Board for review within 15 days from the date of receipt of the notice. The Trademark Review and Adjudication Board shall make a decision within nine months from the date of receipt of the application and notify the parties 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 dissatisfied with the decision 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.

Legal Analysis: A registered trademark can be declared invalid if it does not have visibility, distinctiveness and legitimacy. In addition, "obtaining registration by deception or other improper means" is also a ground for trademark invalidation.

The reason for the relative invalidity of a trademark right is that the trademark right conflicts with a previously acquired right or other legitimate rights and interests, mainly including: invalidity due to conflict with the prior rights of others; invalid due to infringement of the well-known trademark rights of others; invalid due to preemptively registration of another person's unregistered trademark; Void for violation of the rules of ** or representation.

Legal basis: Trademark Law of the People's Republic of China

Article 9 The trademark applied for registration shall have distinctive features that are easy to identify, and shall not conflict with the prior legal rights of others. The trademark registrant has the right to mark the "registered trademark" or the registered mark.

Article 10 The following signs shall not be used as trademarks: (1) the same or similar to the national name, national flag, national emblem, national anthem, military flag, military emblem, military anthem, medals, etc., of the People's Republic of China, as well as the name or sign of a state organ, the name of a specific place where it is located, or the name or graphic of a landmark building; (2) It is the same or similar to the name of the country, national flag, national emblem, military flag, etc. of a foreign country, except with the consent of that country**; (3) The name, flag, emblem, etc., 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; (4) It is identical or similar to the official mark or inspection mark indicating the exercise of control or guarantee, except where it is authorized; (5) It is identical or similar to the name or symbol of the "Red Cross" or "Red Crescent"; (6) Ethnically discriminatory; (7) It is deceptive and easy to mislead the public about the quality and other characteristics of the goods or the place of origin; (8) It is harmful to socialist morality or has other negative influences. The place name of the administrative division at or above the county level or the foreign place name known to the public shall not be used as a trademark.

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.

Article 11 The following signs shall not be registered as trademarks: (1) only the generic name, graphic and model of the commodity; (2) It only directly indicates the quality, main raw materials, functions, uses, weight, quantity, and other characteristics of the commodity; (3) Other lack of distinctive features. Where the signs listed in the preceding paragraph have acquired distinctive features through use and are easy to identify, they may be registered as trademarks.

Article 12 Where an application for registration of a trademark is made with a three-dimensional sign, the shape of the goods that is only produced by the nature of the goods themselves, the shape of the goods that are necessary to obtain technical effects, or the shapes that make the goods have substantial value shall not be registered.

If a trademark is opposed but unsuccessful, the trademark is directly registered. The original opponent can only further file a declaration of invalidation after the trademark is registered;

Some trademarks are not monitored by the right holder during the preliminary examination announcement period, and after the registration is approved, the right holder finds that the trademark is harmful to its own rights and interests and files an invalidation;

In the process of registering a trademark, if the applicant discovers that another person's registered trademark already exists on the same or similar goods (services), the applicant chooses to file an invalidation declaration to remove the obstacles to registration;

The right holder conducts a special clean-up of similar trademarks registered by others and initiates an invalidation declaration;

After a term commonly used in the industry is registered as a trademark, the relevant business operator files an invalidation declaration to remove the obstruction to use.

Paragraph 1 of Article 44 of the Trademark Law, if a registered trademark violates the provisions of Article 4, Article 10, Article 11, Article 12 and Paragraph 4 of Article 19 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. Paragraph 1 of Article 45 of the Trademark Law, if a registered trademark violates the provisions of Paragraphs 2 and 3 of Article 13, Article 15, Paragraph 1 of Article 16, Article 30, Article 31 and Article 32 of the Trademark Law, the prior right holder or interested party may request the Trademark Review and Adjudication Board to declare the registered trademark invalid within five years from the date of registration of the trademark.