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How long does it take for the trademark invalidation procedure?
Trademark invalidation usually takes one and a half to two years. Where any other entity or individual requests the Trademark Review and Adjudication Board to declare a registered trademark invalid for violating the provisions of Articles 10, 18 and 12 of the Trademark Law, the Trademark Review and Adjudication Board will notify the parties in writing to file a reply within a time limit after receiving the application. The Trademark Review and Adjudication Board shall, within nine months from the date of receiving the application, decide 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 lawsuit to the people's court within 30 days from the date of receiving the notice. Where the prior obligee or interested party violates the provisions of the second and third paragraphs of Article 13, the first paragraph of Article 15, Article 16, Article 30, Article 31 and Article 32, the Trademark Review and Adjudication Board shall, after receiving the application for declaring the registered trademark invalid, notify the relevant parties in writing to reply within a time limit. The Trademark Review and Adjudication Board shall make a ruling within 12 months from the date of receiving the application and notify the parties in writing. If there are special circumstances that need to be extended, it can be extended for six months. If a party refuses to accept it, he may bring a suit in a people's court within 30 days from the date of receiving the notice.

legal ground

Article 45 of the Trademark Law of People's Republic of China (PRC) 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. Within five years from the date of registration of a trademark, the prior obligee or interested party may request the Trademark Review and Adjudication Board to declare the registered trademark invalid. For malicious registration, the owner of a well-known trademark is not limited by five years. After receiving an application to declare a registered trademark invalid, the Trademark Review and Adjudication Board shall notify the parties concerned in writing and file a reply within a time limit. The Trademark Review and Adjudication Board shall, within 12 months from the date of receiving the application, decide to maintain the registered trademark or declare it invalid, and notify the relevant parties in writing. There are special circumstances that need to be extended, which can be extended for six 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 lawsuit to the people's court within 30 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. In the process of examining the request for invalidation in accordance with the provisions of the preceding paragraph, if the determination of the prior rights involved must be based on the results of another case being tried by the people's court or being handled by the administrative organ, the Trademark Review and Adjudication Board may suspend the examination. After the reasons for suspension are eliminated, the review procedure shall be resumed.