Legal Analysis: Termination of Trademark Rights

1. Due to the expiration of the legal validity period of the registered trademark and failure to renew the registration, the registered trademark was cancelled, and the trademark rights were terminated

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According to my country’s Trademark Law, the statutory period for trademark registration is ten years from the date of approval. If you still plan to continue using it after the expiration, there are two ways: apply for renewal within 12 months before the statutory validity period expires, and go through the renewal procedures within the 6-month grace period after the statutory validity period expires. If the trademark has not been registered after the expiration of the registration period and grace period, the Trademark Office will cancel the trademark and its trademark rights will also be terminated. If the original registrant wants to continue to use the canceled trademark after the expiration of the validity period, he needs to submit a new registration application.

2. The trademark right is terminated due to the trademark registrant automatically applying for deregistration

One of the circumstances in which the trademark right is terminated is that the trademark registrant fails due to business failure or changes in trademarks. If you continue to use the trademark and voluntarily apply to the Trademark Office for deregistration, your trademark rights will be terminated.

3. Due to a registered trademark dispute, the Trademark Review and Adjudication Board ruled to revoke the registered trademark, resulting in the termination of trademark rights. Due to the use of prohibited registration signs or prohibited use signs, the registered trademark was dismissed by the Trademark Review and Adjudication Board. The ruling was made to cancel the registered trademark and terminate the use of the trademark right.

4. Trademark rights are terminated due to the death or termination of the trademark registrant

Both natural persons and legal persons can become trademark registrants, but if the trademark dies or is terminated, they will lose their capacity to act. Trademark rights cannot be used.

6. Due to improper trademark registration, the registration was revoked by the Trademark Office or the registration was revoked by the Trademark Review and Adjudication Board, resulting in the termination of trademark rights

Because the trademark registrant used unfair or coercive means to If a trademark is registered through bad means such as expiration or expiration, the Trademark Office or the Trademark Review and Adjudication Board may decide to cancel the registration, thus terminating the trademark rights.

7. Because the trademark registrant violated the provisions of the Trademark Law and the Trademark Office revoked his registered trademark, resulting in the termination of the trademark rights

Legal basis: "Trademark Law of the People's Republic of China" Article 44 If a registered trademark violates the provisions of Articles 10, 11, and 12 of this Law, or if the registration was obtained 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 the party concerned is dissatisfied with the decision of the Trademark Office, he may apply to the Trademark Review and Adjudication Board for review within fifteen days from the date of receipt of the notice. The Trademark Review and Adjudication Board shall make a decision within nine months from the date of receipt of the application and notify the parties in writing. If there are special circumstances that require an extension, it can be extended for three months with the approval of the industrial and commercial administration department of the State Council. If the party concerned is dissatisfied with the decision of the Trademark Review and Adjudication Board, it may file a lawsuit with the People's Court within thirty days from the date of receipt of the notice.

If other units or individuals request 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 make a ruling to maintain the registered trademark or declare the registered trademark invalid within nine months from the date of receipt of the application, and notify the parties in writing. If there are special circumstances that require an extension, it can be extended for three months with the approval of the industrial and commercial administration department of the State Council. If the party concerned is dissatisfied with the ruling of the Trademark Review and Adjudication Board, it may file a lawsuit with the People's Court within thirty days from the date of receipt of the notice. The people's court shall notify the other party in the trademark adjudication procedure to participate in the litigation as a third party.