If a trademark has been declared invalid by others, the handling measures are as follows:

1. Check the invalidation notice: the invalidation applicant applies to the Trademark Office for invalidation, and the Trademark Office will notify the respondent Issue a notice of invalidation and notify the reasons and factual basis for the invalidation. The respondent needs to respond and defend within the prescribed time limit;

2. Respond and defend: The respondent needs to respond and defend within the prescribed time limit. Respond to and defend the invalidation notice, explain the legality of trademark registration and legitimacy of rights, and provide evidence and reasons to support it if necessary;

3. Participate in hearings: The Trademark Office may organize hearings At the meeting, both parties can participate in the hearing and make statements on the legality of trademark registration and the legitimacy of rights;

4. Waiting for the Trademark Office’s ruling: The Trademark Office will comprehensively review the responses and defenses of both parties, the hearing situation, etc. Consider and make a ruling on whether to declare the trademark invalid;

5. Apply for review: If the Trademark Office makes a ruling to declare the trademark invalid, the respondent can apply to the Trademark Review and Adjudication Board for review within the specified period to safeguard his or her trademark. rights and interests.

The trademark registration process generally includes the following links:

1. Trademark search: Before trademark registration, a trademark search is required to determine whether the trademark has been registered or applied for by others. register. Trademark searches can be conducted on the Trademark Office website or entrusted to professional organizations;

2. Trademark application: After passing the trademark search, you can submit a trademark application to the Trademark Office. Trademark applications can be made online, by mail, by hand, etc.;

3. Trademark acceptance: After receiving the trademark application, the Trademark Office will review the trademark application. If the trademark application meets the relevant requirements, According to laws, regulations and regulations, the Trademark Office will accept the trademark application and issue a notice of acceptance;

4. Preliminary review of trademarks: After the Trademark Office accepts the trademark application, it will conduct a preliminary review of the trademark, which mainly includes the review and review of the trademark. announcement. If the trademark application complies with relevant regulations, the Trademark Office will announce the trademark, and the announcement period is three months;

5. Trademark Approval: After the trademark has passed the preliminary examination, the Trademark Office will conduct trademark approval, which mainly includes Procedures for trademark review, review and approval;

6. Trademark registration: After the trademark is approved, the Trademark Office will issue a trademark registration certificate. The trademark registration is completed and the trademark ownership is protected by law.

In summary, applying for invalidation of a trademark is a relatively complicated legal procedure. It is recommended that you seek advice and help from a professional lawyer or intellectual property agency.

Legal basis:

Article 44 of the Trademark Law of the People's Republic of China

A registered trademark violates this law

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Article 4

If a natural person, legal person or other organization needs to obtain the exclusive right to use a trademark for its goods or services during production and business activities, it shall apply for trademark registration with the Trademark Office. Bad-faith trademark registration applications that are not intended for use shall be rejected.

The provisions of this Law regarding commodity trademarks shall apply to service trademarks.

Article 10

The following signs shall not be used as trademarks:

(1) The same as the country name, national flag, national emblem, The national anthem, military flag, military emblem, military song, medal, etc. are the same or similar, and are the same as the name or logo of a central state agency, the name of a specific location where it is located, or the name or graphics of a landmark building;

(2) Identical or similar to the name, national flag, national emblem, military flag, etc. of a foreign country, except with the consent of the government of that country; (3) Same as the name, flag, or emblem of an intergovernmental international organization Identical or similar, except with the consent of the organization or not likely to mislead the public;

(4) Identical or similar to the official mark or inspection mark indicating the implementation of control and guarantee, except with the authorization Except;

(5) Names and symbols that are the same as or similar to the "Red Cross" or "Red Crescent";

(6) Those with ethnic discrimination;

(7) It is deceptive and can easily cause the public to misunderstand the quality and other characteristics of the product or its place of origin;

(8) It is harmful to socialist morals or has other adverse effects. Influenced.

Place names of administrative divisions at or above the county level or foreign place names known to the public shall not be used as trademarks. However, exceptions are made where place names have other meanings or are part of collective trademarks or certification marks; registered trademarks using place names will continue to be valid.

Article 11

The following signs shall not be registered as trademarks:

(1) Only the common name, graphics and model of the product;

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(2) Only directly express the quality, main raw materials, functions, uses, weight, quantity and other characteristics of the goods;

(3) Other lack of distinctive features.

If the marks listed in the preceding paragraph have acquired distinctive features through use and are easy to identify, they may be registered as trademarks.

Article 12

When applying for a registered trademark with a three-dimensional mark, the shape is only caused by the nature of the goods themselves, the shape of the goods required to obtain technical effects, or the shape of the goods that makes the goods have Shapes of substantial value may not be registered.

Article 19

(4) In addition to applying for trademark registration for its agency services, a trademark agency shall not apply for registration of other trademarks. 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.

When the Trademark Office makes a decision to declare a registered trademark invalid, it shall notify the parties concerned in writing. If the party concerned is dissatisfied with the decision of the Trademark Office, he may apply to the Trademark Review and Adjudication Board for review within fifteen days from the date of receipt of the notice. The Trademark Review and Adjudication Board shall make a decision within nine months from the date of receipt of the application and notify the parties in writing. If there are special circumstances that require an extension, it can be extended for three months with the approval of the industrial and commercial administration department of the State Council. If the party concerned is dissatisfied with the decision of the Trademark Review and Adjudication Board, it may file a lawsuit with the People's Court within thirty days from the date of receipt of the notice.