When will the declaration of trademark invalidation end?
It takes one and a half to two years for a trademark to be declared invalid. Chapter V Invalidation of Registered Trademarks Article 44 Where a registered trademark violates the provisions of Articles 10, 11 and 12 of this Law, or is registered 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 decides to declare a registered trademark invalid, it shall notify the parties concerned in writing. If a party refuses to accept the decision of the Trademark Office, he may apply to the Trademark Review and Adjudication Board for reexamination within 15 days from the date of receiving the notice. The Trademark Review and Adjudication Board shall make a decision within nine months from the date of receiving the application and notify the parties 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 decision of the Trademark Review and Adjudication Board, he may bring a suit in a people's court within 30 days from the date of receiving the notice. Where any other entity or individual requests the Trademark Review and Adjudication Board to declare a registered trademark invalid, the Trademark Review and Adjudication Board shall notify the parties concerned in writing after receiving the application and file a reply within a time limit. 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. The people's court shall notify the other party to the trademark adjudication procedure to participate in the proceedings as a third party. Where 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, the prior obligee or interested party may request the Trademark Review and Adjudication Board to declare the registered trademark invalid within five years from the date of trademark registration. For malicious registration, the owner of a well-known trademark is not limited by five years. To sum up, it takes a long time to declare a trademark invalid, usually one and a half to two years, which will restrict its legal operation, so the relevant parties should also pay attention to the provisions to minimize the possibility of their own mistakes.