Briefly describe the reasons for the invalidation of trademark rights due to improper registration

1) Without the permission of the trademark registrant, using a trademark that is identical or similar to its registered trademark on the same or similar goods. (2) Selling goods that infringe the exclusive right to use a registered trademark. (3) Counterfeiting, unauthorized manufacturing or selling counterfeit or unauthorized manufacturing of registered trademark logos.

4) Without the consent of the trademark registrant, the registered trademark is replaced and the goods with the replaced trademark are put on the market. (5) Misleading the public by using a sign that is identical or similar to the registered trademark of another person as a trade name or product decoration on the same or similar goods. (6) Causing other damage to the exclusive right to use a registered trademark of another person.

As explained above, if the infringement or misuse or forgery of another person's registered trademark logo is infringed, the administrative department for industry and commerce will deal with it in accordance with the law. Where the forgery or unauthorized manufacture of another person's registered trademark logo or the sale of a forged or unauthorized registered trademark logo constitutes a crime, criminal liability shall be investigated in accordance with law in addition to compensating the infringed party's losses. If the sale of goods that are known to be counterfeit registered trademarks constitutes a crime, in addition to compensating the losses of the infringed party, criminal liability shall be investigated in accordance with law.

I have digressed and deviated to the application aspect. In terms of registration, the main thing is to avoid the prohibition clauses, such as not being able to have the same name and picture as the national flag. Another important thing is distinctiveness, common sense nouns are difficult to pass the preliminary examination, such as I love you, there is definitely no hope.

1) The registered trademark has obvious defects.

1. Violation of the prohibitions of the Trademark Law. That is, in violation of Article 10 of the Trademark Law, the registered trademark uses a sign that is prohibited by law from being used as a trademark; In violation of Article 11 of the Trademark Law, the registered trademark uses the sign that the registered trademark is prohibited by law; In violation of Article 12 of the Trademark Law, a registered three-dimensional trademark is a sign that does not have distinctive features and cannot be registered.

2. Obtain registration by deception. This refers to the fact that the registered trademark owner obtains the registration by fraudulent means such as falsifying or concealing facts, or forging application documents and other relevant supporting documents, such as forging business licenses, forging approvals from drug or tobacco administrations, and forging certificates of origin.

2) Obtaining registration by improper means.

1. Infringing on the prior rights of others. This refers to the conflict between the trademark applied for registration and the prior legal rights of others, and in essence, the trademark infringes on the prior rights of others, such as copyrights, design rights, patent rights, portrait rights, name rights, trade name rights and other civil rights. The reason for the invalidity of this type of trademark right is that the applicant applies for registration of the rights enjoyed by others as his own trademark, which is an infringement and cannot be tolerated by the law.

2. Malicious registration. The specific circumstances of bad faith registration are:

1) Preemptively register trademarks that have been used by others and have a certain influence;

2) The trademark applied for registration for the same or similar goods is a copy, imitation or translation of a well-known trademark not registered in the Chinese business, which is likely to cause confusion;

3) The trademark applied for registration for non-identical or dissimilar goods is a copy, imitation or translation of a well-known trademark registered in China by another person, misleading the public, causing the interests of the registrant of the well-known trademark to be harmed;

4) Without authorization, the ** person or the representative will be registered in his own name by the ** person or the representative of the first standard;

5) The trademark contains a geographical indication of the goods, and the goods are not in the region indicated by the mark, and the trademark owner has applied for registration and obtained approval in bad faith.

3) Disputes over registered trademarks.

According to the first-to-protect principle, the owner of an earlier registered trademark has the right to request the cancellation of a later registered trademark.

If the registration or use of a trademark does not comply with the provisions of the Trademark Law, it will not have legal effect, and such a trademark will be declared invalid by the Trademark Review and Adjudication Board. What are the specific circumstances under which a trademark right is invalidated? What is the Trademark Law in China?

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.

1. Violation of Article 10 of the Trademark Law;

2. Violation of Article 11 of the Trademark Law;

3. Violation of Article 12 of the Trademark Law;

4. 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, within 5 years from the date of registration of the trademark, the prior right holder or the interested party of the agglomer may request the Trademark Review and Adjudication Board to declare the registered trademark invalid. For bad faith registration, the owner of a well-known trademark is not subject to a time limit of 5 years.

1. Violating the provisions of the Trademark Law and infringing on unregistered well-known trademarks;

2. Violating the provisions of the Trademark Law by infringing on the registered well-known trademark of Lu Kuan;

3. Violating the provisions of the Trademark Law by preemptively registering unregistered trademarks due to business relations; preemptively registering the trademark of the person being **;

4. In violation of the provisions of the Trademark Law, the trademark contains false geographical indications;

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

6. Violating the provisions of the Trademark Law by violating the first-to-file principle supplemented by first-to-use;