Measures for malicious registration of trademarks:

1. If the malicious registration application has not yet been submitted, the party concerned can submit the registration application in time;

2. If the registration review process is in progress, the party concerned may submit a written objection application;

3. If the registration process has been completed, the party concerned may file an invalidation application.

Legal Basis

A registered trademark in Article 45 of the Trademark Law of the People's Republic of China violates paragraphs 2 and 3 of Article 13 of this Law. Article 15, Paragraph 1 of Article 16, Article 30, Article 31, and Article 32, within five years from the date of trademark registration, the prior right holder or interested party shall A person may request the Trademark Review and Adjudication Board to declare the registered trademark invalid. For cases registered in bad faith, the owner of a well-known trademark is not subject to the five-year time limit.

After receiving an application to declare a registered trademark invalid, the Trademark Review and Adjudication Board shall 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 twelve 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 six 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.