What is a trademark invalidation? Under what circumstances can a trademark be invalidated?

It generally takes one and a half to two years for a trademark to be invalidated. If another entity or individual requests the Trademark Review and Adjudication Board to declare the registered trademark invalid due to violation of Article 1 of the Trademark Law and other provisions, the Trademark Review and Adjudication Board will notify the relevant parties in writing to submit a reply within a time limit after receiving the application. The Trademark Review and Adjudication Board shall, within nine months from the date of receipt of the application, make a ruling to maintain the registered trademark 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. If the prior right holder or interested party files for invalidation due to violation of the provisions of Article 13, Paragraphs 2 and 3, Article 15, Article 16, Paragraph 1, Article 30, Article 31 and Article 32, the Trademark Review and Adjudication Board will notify the relevant party in writing to file a reply within a time limit after receiving the application for invalidation of the registered trademark.

The Trademark Review and Adjudication Board shall make a ruling within 12 months from the date of receipt of the application and notify the parties in writing. Where there are special circumstances that require an extension, it may be extended for six months. Where a party is dissatisfied with the ruling, it may file a lawsuit with the people's court within 30 days of receiving the notice.

Legal basis: Article 45 of the Trademark Law of the People's Republic of China Where a registered trademark violates the provisions of Paragraphs 2 and 3 of Article 13, Paragraphs 1 of 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. For bad faith registration, the owner of a well-known trademark is not subject to a five-year time limit.

After receiving an application for invalidation of a registered trademark, the Trademark Review and Adjudication Board shall notify the relevant parties in writing and submit a reply within a time limit. The Trademark Review and Adjudication Board shall, within 12 months from the date of receipt of the application, make a ruling to maintain the registered trademark 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 six 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. The people's court shall notify the opposing party to the trademark adjudication procedure to participate in the litigation as a third party. In the course of examining a request for invalidation in accordance with the provisions of the preceding paragraph, the Trademark Review and Adjudication Board may suspend the examination if the determination of the prior rights involved must be based on the outcome of another case that is being heard by the people's court or handled by the administrative authority.

After the reasons for the suspension are eliminated, the review procedure shall be resumed.

Trademark invalidation refers to the legal procedure in which the prior right holder or interested party of the trademark believes that the registered trademark has violated the relevant provisions of the Trademark Law and requests the Trademark Review and Adjudication Board to cancel the registered trademark.

Article 44 of the Trademark Law stipulates that: "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. ”

If a trademark that has been successfully registered by another person violates the relevant provisions of the Trademark Law, it may request that the trademark be declared invalid. Invalidation is a direct means to crack down on the malicious possession of trademark resources by others and remove obstacles to registration.

For trademarks approved for registration, within five years from the date of approval, the trademark shall be first.

If the right holder or interested party believes that it infringes the prior rights or interests, or any person believes that it has violated the prohibition clause or has produced an adverse social impact, it may file an invalidation declaration with the TRAB. Well-known trademarks are not subject to the five-year limit.

Rest of the intellectual property answers.

Trademark invalidation: One of the methods of trademark protection is a holistic process, including filing an application, accepting it by the TRAB, making a decision and publicizing it, and issuing a notice.

If a registered trademark under Article 44 of the new 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.

Invalidation of a trademark right means that if a registered trademark violates the provisions of Articles 10, 11 and 12 of the Trademark Law, or is registered by deception or other improper means, the Trademark Office shall declare the registered trademark invalid; This is a system in which other entities or individuals may request the Trademark Review and Adjudication Board to declare the registered trademark invalid.

1. Can the trademark be recovered if it is preemptively registered by others?

If the trademark used by the parties is preemptively registered by others, it can be recovered. If the trademark is still in the registration stage, that is, the preemptive registration has not yet been completed, the trademark owner may directly raise an objection within the time limit for the preliminary examination announcement by the Trademark Office, and if it is found to be true after examination, the Trademark Office will reject the registration application of the preemptive. If the preemptive registration has been successful, the party concerned may request the Trademark Review and Adjudication Board to declare the registered trademark invalid.

2. What are the circumstances under which the trademark right is terminated?

The termination of trademark rights is common in the following six situations: 1. The registered trademark is cancelled and the trademark right is terminated due to the expiration of the statutory validity period of the registered trademark and the failure to renew the registration. According to the provisions of China's trademark law, the statutory period of trademark registration is 10 years from the date of approval.

If the applicant fails to apply for renewal within 12 months before the expiration of the statutory validity period, and fails to renew the application within the grace period of 6 months after the expiration of the statutory validity period, the Trademark Office will cancel the trademark and the trademark right will be terminated. 2. The trademark right is terminated due to the trademark registrant's automatic application for cancellation of registration. 3. The trademark right is terminated due to the ruling of the Trademark Review and Adjudication Board to cancel the registered trademark due to a registered trademark dispute.

4. The trademark right is terminated due to the death or termination of the trademark registrant. 5. The trademark right is terminated due to the improper registration of the registered trademark, which is revoked by the Trademark Office or the Trademark Review and Adjudication Board ruling. 6. The trademark registrant was revoked by the Trademark Office because the trademark registrant violated the provisions of the Trademark Law, resulting in the termination of the trademark right.

3. What should I do if a well-known trademark is preemptively registered?

If a well-known trademark is preemptively registered, if the trademark is in the publication period, the enterprise can file an objection with the Trademark Office, so as to protect its legitimate rights and interests. If the trademark opposition is invalid or the trademark has been successfully registered, the enterprise may, within five years from the date of registration of the trademark, the prior right holder or interested party may request the Trademark Review and Adjudication Board to declare the registered trademark invalid.

Article 4 of the Trademark Law, Article 16, if the statutory time limit expires, if the party concerned does not apply for a review of the decision of the Trademark Office to declare a registered trademark invalid, or does not file a lawsuit with the people's court for the review decision of the Trademark Review and Adjudication Board, the ruling of the Trademark Review and Adjudication Board to maintain the registered trademark or declare the registered trademark invalid, the decision of the Trademark Office or the review decision or ruling of the Trademark Review and Adjudication Board shall take effect.

1) If the registered trademark is obtained by deception or other improper means, the Trademark Office may declare the registered trademark invalid, or other units or individuals may request the Trademark Review and Adjudication Board to declare the registered trademark invalid. In this case, it is necessary to be familiar with the relevant legal requirements from the beginning of trademark registration, and obtain trademark rights through legal and formal means, so as to avoid the trademark being invalidated. So, what should I do if the registered trademark is mistakenly injured?

If it is declared invalid by the Trademark Office, the trademark right holder must file a review of the trademark invalidation with the Trademark Review and Adjudication Board within 15 days after receiving the notice, and then the TRAB will make a fair judgment, if the trademark is still invalidated. The last opportunity is to file a lawsuit with the people's court within 30 days from the date of receipt of the notice. If the trademark was originally declared invalid by the TRAB, then after receiving the notice of the TRAB's deadline for reply, the first defense officer shall collect information and evidence within the specified time to prove that the trademark shall be invalidated, and if the decision to declare the trademark invalid is still made, the trademark may be filed with the people's court within 30 days.

2) Within five years from the date of registration of the trademark (there is no five-year time limit for malicious preemptive registration of a well-known trademark), the prior right holder or interested party may request the Trademark Review and Adjudication Board to declare the registered trademark invalid. First of all, at the beginning of trademark registration, do not take shortcuts to famous brands, copycats or preemptively register well-known brand trademarks, but firmly believe that you design your own trademark, register your own trademark, and make the trademark well-known and value-added through your own use. If this is the case, the first party shall make a reply within a time limit in accordance with the requirements of the TRAB's notice, and secondly, if the 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.

It is best to deal with the crisis of trademark invalidation by professionals who are familiar with laws and regulations and related experience. To sum up, when a preemptively registered trademark is declared invalid, it is necessary to actively look for the reasons for the invalidation, find the main reasons for the invalidation, distinguish different situations, and take corresponding measures according to the relevant circumstances, otherwise, once it is declared invalid, it will be a big loss for the trademark owner. Of course, the best thing to do is to avoid the possibility of invalidation at the root, so as to avoid invalidation at the time of registration.