Second, the procedural provisions under the trademark law system are generally actively reviewed by the Trademark Review and Adjudication Board, while the substantive provisions, especially in accordance with the provisions of the first paragraph of Article 45 of the Trademark Law, are passively reviewed by the Trademark Review and Adjudication Board based on the application of the requesting subject, and the subjects initiated by the two are different. Specifically, if the applicant claims to be invalid after more than five years, the Trademark Review and Adjudication Board shall take the initiative to examine whether there is malice at the time of registration and whether it is the owner of a well-known trademark; The Trademark Review and Adjudication Board shall decide whether to declare the disputed trademark invalid according to the specific provisions of the Trademark Law after examining whether it has been more than five years.
Third, the procedural provisions under the trademark law system have an indirect impact on the effectiveness of the disputed trademark, that is, the applicant does not meet the qualification of being declared invalid for more than five years, which does not mean that the disputed trademark meets the specific provisions of the trademark law. The substantive provisions under the trademark law system have a direct impact on the effectiveness of the disputed trademark, that is, directly evaluate whether the disputed trademark conforms to the specific provisions of the trademark law.