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Can the trademark be declared invalid and still be used?

After a trademark is declared invalid, the trademark cannot continue to be used. As an influence on the enterprise, the trademark is an intangible asset. Therefore, for anyone who finds that the company’s trademark is used by a natural person or an entity, , you can file a request for trademark invalidation in accordance with the law. As long as someone else objects to a trademark and files a lawsuit, the trademark may not continue to be used during the period of dispute.

Legal Basis

Article 44 of the Trademark Law

A registered trademark violates Articles 10, 11 and Article 1 of this Law. According to the provisions of Article 12, or if the registration is obtained 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.