According to this provision, the conditions for the Trademark Office to voluntarily declare a registered trademark invalid include two aspects.
First of all, trademarks contain signs and shapes that cannot be used as trademarks. Specifically, there are three situations: 1. Signs prohibited in Article 10 of this Law include (1) identical with or similar to People's Republic of China (PRC)'s national name, national flag, national emblem, national anthem, military flag, military emblem, military songs and medals, and identical with the names, signs and names of specific places or the names and graphics of landmark buildings. (2) identical with or similar to the name, national flag, national emblem or military flag of a foreign country, except with the consent of the government of that country; (3) identical with or similar to the name, flag, emblem, etc. Intergovernmental international organizations, except with the consent of the organization or not easily misleading the public; (4) identical with or similar to the official marks and inspection marks indicating the implementation of control and guarantee, unless authorized; (5) identical with or similar to the names and symbols of the Red Cross and Red Crescent; (6) ethnic discrimination; (7) Deceptive, which easily leads the public to misunderstand the quality and other characteristics of the goods or the place of origin; (eight) harmful to socialist morality or other adverse effects. At the same time, the names of administrative divisions at or above the county level or foreign names known to the public shall not be used as trademarks; However, unless the place name has other meaning or is part of a collective trademark or certification trademark; Registered trademarks using geographical names shall remain valid. Second, the use of trademarks prohibited by Article 11 of this Law as trademark registration marks only includes (1) the common name, figure and model of the goods; (two) directly indicate the quality, main raw materials, functions, uses, weight, quantity and other characteristics of the goods; (3) other lack of distinctive features. However, the marks listed in the above three categories can be registered as trademarks if they have obvious characteristics and are easy to identify after use. Third, a trademark with a shape prohibited by Article 12 of this Law, if applying for registration of a trademark with a three-dimensional symbol, shall not be registered only because of the nature of the commodity itself, the shape of the commodity required to obtain technical effects or the shape that makes the commodity have substantial value.
Secondly, obtain trademark registration by deception or other improper means. Trademark experts said that the so-called deception refers to the applicant obtaining trademark registration by means of fiction, concealing the truth, or forging application forms and related documents. By other improper means, it means that the applicant obtains trademark registration by other improper means, such as giving benefits to the administrator.
According to this law, the Trademark Review and Adjudication Board can also passively declare a trademark invalid under the above circumstances. However, Article 45 of the new Trademark Law stipulates that if a registered trademark violates the provisions of Article 13, paragraphs 2 and 3, Article 15, Article 16, paragraph 1, Article 30, Article 31 and Article 32 of this Law, only the prior obligee or interested party may request the Trademark Review and Adjudication Board to declare it invalid. No other unit or individual has the right to make a request for invalidation, and the Trademark Office has no right to declare it invalid.