Current location - Trademark Inquiry Complete Network - Trademark inquiry - Is the trademark still valid after the cancellation of the company?
Is the trademark still valid after the cancellation of the company?
after the cancellation of the company, the trademark is still valid. Article 47 of the Trademark Law stipulates: "A registered trademark that is declared invalid according to the provisions of Articles 44 and 45 of this Law shall be announced by the Trademark Office, and the exclusive right to use the registered trademark shall be deemed as nonexistent from the beginning. A decision or ruling declaring a registered trademark invalid has no retrospective effect on the judgments and rulings of trademark infringement cases made and executed by the people's court before the invalidation, the conciliation statement, the decision on handling trademark infringement cases made and executed by the administrative department for industry and commerce, and the trademark transfer or use license contract that has been executed. However, the losses caused to others by the malice of the trademark registrant shall be compensated. If the trademark infringement compensation, trademark transfer fee and trademark use fee are not returned in accordance with the provisions of the preceding paragraph, which obviously violates the principle of fairness, they shall be returned in whole or in part. " It can be known that the trademark can only be declared invalid by the Trademark Review and Adjudication Board and then announced. The exclusive right to use the registered trademark is regarded as nonexistent from the beginning, and the cancellation of the company will not lead to the invalidation of the trademark.

A registered trademark in accordance with Article 44 of the Trademark Law of the People's Republic of China

violates the provisions of Article 4, Article 1, 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 units 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 a party refuses to accept the decision of the Trademark Office, he may apply to the Trademark Review and Adjudication Board for reexamination within 15 days from the date of receiving the notice. The Trademark Review and Adjudication Board shall make a decision within nine months from the date of receiving the application and notify the parties in writing. There are special circumstances that need to be extended, which can be extended for three months with the approval of the administrative department for industry and commerce of the State Council. If a party refuses to accept the decision of the Trademark Review and Adjudication Board, he may bring a suit in a people's court within 3 days from the date of receiving the notice.

if any other entity or individual requests the Trademark Review and Adjudication Board to declare a registered trademark invalid, the Trademark Review and Adjudication Board shall, after receiving the application, notify the relevant parties in writing and file a reply within a time limit. The Trademark Review and Adjudication Board shall, within nine months from the date of receiving the application, make an order to maintain the registered trademark or declare it invalid, and notify the parties concerned in writing. There are special circumstances that need to be extended, which can be extended for three months with the approval of the administrative department for industry and commerce of the State Council. If a party refuses to accept the ruling of the Trademark Review and Adjudication Board, he may bring a suit in a people's court within 3 days from the date of receiving the notice. The people's court shall notify the other party to the trademark adjudication procedure to participate in the proceedings as a third party.