What is a notice of invalidation of a trademark?
What is a notice of invalidation of a trademark? Article 44 Where a registered trademark violates the provisions of Articles 10, 11 and 12 of this Law, or is registered 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 decides to declare a registered trademark invalid, it shall notify the parties concerned in writing. If a party refuses to accept the decision of the Trademark Office, he may apply to the Trademark Review and Adjudication Board for reexamination within 15 days from the date of receiving the notice. The Trademark Review and Adjudication Board shall make a decision within nine months from the date of receiving the application and notify the parties in writing. There are special circumstances that need to be extended, which can be extended for three months with the approval of the administrative department for industry and commerce of the State Council. If a party refuses to accept the decision of the Trademark Review and Adjudication Board, he may bring a suit in a people's court within 30 days from the date of receiving the notice. Where any other entity or individual requests the Trademark Review and Adjudication Board to declare a registered trademark invalid, the Trademark Review and Adjudication Board shall notify the parties concerned in writing after receiving the application and file a reply within a time limit. The Trademark Review and Adjudication Board shall, within nine months from the date of receiving the application, decide to maintain the registered trademark or declare it invalid, and notify the parties concerned in writing. There are special circumstances that need to be extended, which can be extended for three months with the approval of the administrative department for industry and commerce of the State Council. If a party refuses to accept the ruling of the Trademark Review and Adjudication Board, he may bring a lawsuit to the people's court within 30 days from the date of receiving the notice. The people's court shall notify the other party to the trademark adjudication procedure to participate in the proceedings as a third party. Legal consequences of invalid trademarks 1. The elimination of trademark rights has retroactivity. A registered trademark that is declared invalid shall be announced by the Trademark Office, and the exclusive right to use the registered trademark shall be regarded as nonexistent from the beginning. 2. Judgments, decisions and contracts that have been executed or performed have no retrospective effect in principle. The judgment, ruling and conciliation statement of trademark infringement cases made and executed by the people's court before the invalidation, the decision on handling trademark infringement cases made and executed by the administrative department for industry and commerce, and the trademark transfer or license contract that has been performed shall not be retroactive. However, if losses are caused to others due to the malice of the trademark registrant, compensation shall be made. Exception: trademark infringement compensation, trademark transfer fee and trademark use fee are not returned, which obviously violates the principle of fairness and should be returned in whole or in part. The transition period is 3. 1 year. Where a registered trademark is declared invalid, the Trademark Office shall not approve an application for trademark registration that is identical with or similar to it within one year from the date of invalidation. To sum up, trademark invalidation is generally aimed at trademarks that have not been obtained through legal channels, and the Trademark Office will declare them invalid. If the trademark is declared invalid, it will face all the expenses that may be lost, and the trademark office will not return it, which is also the price that a cybersquatter has to pay.