Current location - Trademark Inquiry Complete Network - Trademark inquiry - What are the circumstances under which a trademark is declared invalid?
What are the circumstances under which a trademark is declared invalid?

(1) If the relevant provisions of the Trademark Law are violated, or the registration 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 declared 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 you do if your registered trademark is accidentally damaged? If it is declared invalid by the Trademark Office, the trademark owner must submit a request to the Trademark Review and Adjudication Board within fifteen days after receiving the notice - a review of the trademark invalidation declaration, and then It is up to the Trademark Review and Adjudication Board to make a fair judgment, and if it still makes a decision to declare the trademark invalid. The last chance is to file a lawsuit with the People's Court within thirty days from the date of receipt of the notice. If the trademark was originally declared invalid by the Trademark Review and Adjudication Board, after receiving the deadline for defense notice from the Trademark Review and Adjudication Board, collect evidence and evidence within the specified time to defend the trademark invalidation. The same is true if the decision to declare the trademark invalid is still made. , you can file a lawsuit with the People's Court within thirty days. (2) Within five years from the date of trademark registration (the malicious registration of a well-known trademark is not subject to the five-year time limit), the prior rights owner or interested party may request the Trademark Review and Adjudication Board to declare the registered trademark invalid. The first thing is not to take shortcuts, copycat or rush to register well-known brand trademarks at the beginning of trademark registration, but firmly believe in designing your own trademark, registering your own trademark, and making the trademark famous and adding value through your own use. If you encounter this situation, you must first respond within a time limit as required by the Trademark Review and Adjudication Board's notice. Secondly, if the party is dissatisfied with the Trademark Review and Adjudication Board's ruling, you may file a lawsuit with the People's Court within 30 days from the date of receipt of the notice. Dealing with the trademark invalidation crisis is best handled by professionals who are familiar with laws, regulations and relevant experience. If your trademark is facing such a crisis, please call us for consultation with 7.com’s senior trademark agents. To sum up, when a preemptively registered trademark is declared invalid, you should actively search for the reasons for the invalidity, find the main reasons for being invalid, distinguish different situations, and take corresponding measures according to the relevant situations. Otherwise, once it is declared invalid, this will have a negative impact on the trademark rights. For people, this is a huge loss. Of course, the best way is to avoid situations that may be declared invalid at the root, so that you can avoid being declared invalid when registering.