Invalid trademark refers to the dispute of registered trademark, that is, the trademark dispute between two registered trademark owners because the two trademarks are the same or similar.

The essence of invalid trademark is that the disputing party thinks that the rights and interests of the later registered trademark conflict with those of the earlier registered trademark, that is, it is the same as or similar to the earlier registered trademark on the same or similar goods, or it has caused misunderstanding among consumers in the market, so it proposes to limit the scope of use of the trademark or cancel the registration of the trademark.

Trademark invalidation can be divided into two categories.

1. Disputes arising from conflicts between registered trademarks and earlier registered trademarks. This kind of dispute usually occurs between two identical or similar trademarks used on the same or similar goods. For this kind of trademark dispute, China's Trademark Law stipulates a dispute period of five years from the date of registration.

2. Invalid trademark refers to the dispute caused by the fact that the trademark registration violates the prohibitive norms required by the registered trademark according to law, or the registration applicant obtains the registration by deception or other improper means. The so-called violation of the prohibitive norms of trademark registration mainly means that the trademark pattern is not obvious, which violates public order and good customs or good customs. For the second kind of trademark dispute, China's Trademark Law does not stipulate the time limit for filing trademark disputes. In other words, there is no time limit for this kind of trademark invalidation, and the trademark invalidation can be filed at any time.

Conditions for invalid trademark application

To apply for a trademark dispute, the following three conditions must be met:

1. The applicant must be a trademark registrant, and the trademark standard registration date is earlier than that of the disputing party.

2. The goods approved by the two registered trademarks applied for must be the same kind of goods or similar goods.

3. The graphics, characters or their combinations approved by the two registered trademarks applied for must be the same or similar.

A trademark registrant with a later registration date cannot apply for a ruling on a trademark with an earlier registration date. This is why trademark rights are generated through registration. Therefore, the right to apply for adjudication is determined by the principle of registration order, which is different from the Trademark Law. Apply the first principle? Is consistent.