The process of an individual requesting the invalidation of a registered trademark.
1. Where any other entity or individual requests the Trademark Review and Adjudication Board to declare the registered trademark invalid, it shall apply to the Trademark Review and Adjudication Board;
2. After receiving the application, the Trademark Review and Adjudication Board shall notify the relevant parties in writing, file a reply within a time limit, and may handle the business of invalid trademark reply;
3. The Trademark Review and Adjudication Board shall decide to maintain the registered trademark or declare it invalid within 9 months, and notify the parties in writing. There are special circumstances need to extend the time limit, approved by the administrative department for Industry and Commerce of the State Council, can be extended for 3 months;
4. If a party refuses to accept the ruling of the Trademark Review and Adjudication Board, he may bring a lawsuit to the people's court within 30 days from the date of receiving the notice;
After accepting the lawsuit, the people's court shall notify the other party in the trademark review and adjudication procedure to participate in the lawsuit as a third party.
Time limit for trademark invalidation application
1 and 15 days: the trademark owner may apply to the trademark review and adjudication board for trademark reexamination within 15 days.
9 months: The Trademark Review and Adjudication Board shall make a review decision within 9 months, and it may be extended for 3 months under special circumstances.
3.30 days: If the audit fails, the owner may bring a lawsuit to the people's court within 30 days from the date of receiving the notice.
To sum up, it usually takes 3-6 months for the Trademark Office to issue a notice of accepting the invalidation of a trademark. See the Trademark Law:/flfg1/flfg/201309/t 20130903 _137807.html for details.