What is Article 45 of the Trademark Law?

Trademark law. Article 45 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.

The registration of a trademark on different types of products or the registration of a trademark similar to the name of the trademark on the same product.

Article 49 Where a trademark registrant changes the registered trademark, the name or address of the registrant or other registration matters in the course of using the registered trademark, the local administrative department for industry and commerce shall order him to make corrections within a time limit; If the trademark is not changed after the expiration of the period, the registered trademark shall be revoked by the Trademark Office.

If a registered trademark becomes the name of the goods approved for use, or if it is not used for three consecutive years without justifiable reasons, any unit or individual may apply to the Trademark Office for cancellation of the registered trademark. The Trademark Office shall make a decision within nine months from the date of receipt of the application. 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 the registrant of a trademark pretends to be a registrant in the process of using the registrar's return logo, and changes the registered trademark, the name and address of the registrant or other registration matters on his own, the local administrative department for industry and commerce shall order him to make corrections within a time limit; If the trademark is not corrected within the expiration of the period, the Trademark Office shall cancel the registered trademark.

Chapter VI of the Trademark Law is the management of the use of trademarks.

Article 49 Chain Leakage In the process of using a registered trademark, if the trademark registrant changes the registered trademark, the name and address of the registrant or other registration matters, the local administrative department for industry and commerce shall order it to make corrections within a time limit; If the trademark is not corrected within the expiration of the period, the Trademark Office shall cancel the registered trademark.

Article 49 of the Trademark Law reads as follows:

If the trademark registrant changes the registered trademark, the name, address or other registration matters of the registered trademark in the process of using the registered trademark, the local administrative department for industry and commerce shall order it to make corrections within a time limit; If the trademark is not corrected within the expiration of the period, the Trademark Office shall cancel the registered trademark.

If a registered trademark becomes the generic name of the goods approved for use or is not used for three consecutive years without justifiable reasons, any unit or individual may apply to the Trademark Office for cancellation of the registered trademark. The Trademark Office shall make a decision within nine months from the date of receipt of the application. 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.

Article 46 Where a registered trademark is revoked or not renewed upon expiration, the Trademark Office shall not approve the application for registration of a trademark that is identical or similar to the trademark within one year from the date of cancellation or cancellation.

Interpretation] This article is a provision on the management of revoked or cancelled trademarks.

According to the relevant provisions of this Law, the Trademark Office may revoke the registered trademark of the registrant who changes the registered trademark or the name, address or other registration matters of the registered trademark on its own, as well as the shoddy manufacture of goods, shoddy goods, and deceive consumers. The Trademark Office shall cancel the registered trademark if the registered trademark has expired but has not yet applied for renewal of registration after the expiration of the grace period. Regardless of whether the registered trademark is revoked or cancelled, the consequence is that the trademark registrant loses the exclusive right to use the trademark and is no longer protected by law.

However, in order to prevent confusion as to the origin of the goods, this article stipulates that if a registered trademark is revoked or is not renewed upon expiration, the Trademark Office shall not approve the application for registration of a trademark that is identical or similar to the trademark within one year from the date of cancellation or cancellation. This provision is not to protect the rights of trademarks that have been revoked or cancelled, but to maintain market order and protect the interests of consumers, so as to avoid unnecessary misunderstandings and losses.

We know that in registered trademarks, when some trademarks are revoked or cancelled, due to the long turnover period of the goods themselves and the greater impact of the trademark reputation among consumers, the termination of the exclusive right to use the trademark does not mean that the trademark has completely disappeared in the market or among consumers, and the goods produced by the original trademark registrant using the registered trademark cannot be immediately withdrawn from the market, and there will be a certain period of time in the circulation field. Therefore, if others are immediately approved to register the same or similar trademarks, it is possible that goods with the same or similar trademarks will appear on the market at the same time, which may cause consumers to misidentify and purchase by mistake. It is precisely in order to prevent this situation and safeguard the interests of consumers that the management of these trademarks that have been revoked or cancelled should also be strengthened to avoid confusion of the origin of the goods in the market.

To this end, this article provides for a one-year transition period. During this transitional period, applications for registration of identical or similar trademarks submitted by others will not be approved. After the transition period, the remaining goods with the original registered trademark should have been basically sold, and the Trademark Office can approve such an application.

It should be noted that if the revoked registered trademark has ceased to be used for three consecutive years, it is not subject to the above provisions. Because the revoked registered trademark itself has not been used for three consecutive years in this case, there should be no circulation of goods with such trademarks in the market, and there will be no problems of misidentification and mispurchase by consumers.