The way for enterprises to obtain trademarks has always been trademark registration and trademark transfer, both of which have their own advantages and limitations. Invalid trademark refers to a registered trademark that violates the provisions of Articles 1, 11 and 12 of the Trademark Law, or seeks trademark registration by deception or other improper means, and is declared invalid by the Trademark Office. In addition, there are many factors that constitute invalidation, which mainly include:

violation of absolute refusal to pay attention: violation of Articles 1, 11 and 12 of the Trademark Law, obtaining trademark registration by deception or improper means;

violation of relative refusal to register: infringement of a registered well-known trademark, rushing to register another person's unregistered trademark or the principal's trademark due to business relations, a trademark with false geographical indications, which is the same as or similar to a previously registered trademark or a trademark preliminarily approved, a registered trademark that violates the principle of first application supplemented by first use, infringes on the prior right or rushes to register a well-known unregistered trademark by improper means.

what are the precautions for invalid trademarks?

After a trademark is declared invalid, it will be announced by the Trademark Office, and it will be regarded as the exclusive right to use a trademark that does not exist from beginning to end;

judgments and contracts that have been executed or performed have no retrospective effect in principle, and judgments, rulings and conciliation statements of executed trademark infringement cases made by people's courts before being declared invalid, and decisions on the handling of executed trademark infringement cases made by administrative departments for industry and commerce and the transfer of executed trademarks have no retrospective effect. If a trademark registrant has caused losses to others due to malicious cybersquatting, it shall pay compensation.

after a registered trademark is declared invalid, all trademarks that are the same as or similar to the invalid trademark shall not be approved for registration within one year from the date of invalidation.

how to deal with invalid trademarks?

① The Trademark Office makes a decision to declare the registered trademark invalid and notifies the trademark applicant in writing;

② If the trademark applicant refuses to accept the decision of the Trademark Office, he may apply to the Trademark Review and Adjudication Board for trademark reexamination within 15 days from the date of notification;

③ The Trademark Lifetime Committee shall make a decision within 9 months from the date of receiving the application, and notify the trademark applicant in writing. If it is necessary to extend the time under special circumstances, it may be extended for 3 months with the approval of the administrative department for industry and commerce.

④ if the trademark applicant refuses to accept the decision of the trademark review and adjudication board, he may bring a suit in a people's court within 3 days from the date of receiving the notice.

The invalidation of a trademark can be redeemed to a certain extent. Enterprises can seek certain evidence and help from professionals to make the trademark effective when the trademark is invalid.