What is the reason for declaring a trademark invalid?
There are two reasons for declaring a trademark invalid, as follows: 1. A registered trademark with absolute reasons can be declared invalid if it does not have visibility, distinctiveness and legitimacy. In addition, "obtaining registration by deception or other improper means" is also a reason why the trademark is invalid. 2. Relative reasons constitute that trademark rights are relatively invalid because trademark rights conflict with prior rights or other legitimate rights and interests. Mainly includes: invalid because of conflict with others' prior rights; It is invalid because it infringes on the rights of other people's well-known trademarks; Invalid because others have not registered a trademark; Invalid due to violation of agency or representative regulations. Article 44 of the Trademark Law 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. To sum up, trademarks are not only registered in authoritative organizations, but also have no worries, because trademarks are for the public to see and are used to distinguish products. This is not only a matter of corporate interests, but also the trademark interests of other companies. As long as there is a conflict, it may be declared invalid, but once it violates the law, it will be invalid.