When many customers receive a trademark invalidation notice, their first reaction may be what does "invalidation" mean and why will my trademark be invalidated?

1. Why is a trademark declared invalid?

Answer: A trademark is usually declared invalid in the following situations:

(1) The registered trademark contains signs that cannot be used as trademarks or shape, etc.;

(2) Successfully obtain trademark registration by fraud or other improper means;

(3) The registered trademark conflicts with the prior rights of others, or is registered by others Unregistered trademark, infringement of other people's well-known trademark rights;

Therefore, when receiving a trademark invalidation declaration, the first thing to check is who filed the trademark.

2. Who has the trademark? Have you made a declaration of invalidity?

Answer: Under normal circumstances, a trademark can be declared invalid in two ways. The first is by the Trademark Office declaring the trademark invalid; the second is by other units or individuals. Request the Trademark Review and Adjudication Board to declare the trademark invalid.

Once we know the reason for the invalidation declaration and who issued it, we must pay attention to the time limit and process of the invalidation declaration.

3. What is the time and procedure for declaring a trademark invalid?

Answer: The Trademark Office will notify the parties in writing if it makes a decision of invalidation. If the parties are not satisfied with the decision of the Trademark Office, they should notify Apply to the Trademark Review and Adjudication Board for review within 15 days; make a ruling to maintain the registered trademark or declare the registered trademark invalid 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, the application shall be approved by the State Council for Industry and Commerce. With the approval of the administrative department, it can be extended for three months. If the party is dissatisfied with the ruling of the Trademark Review and Adjudication Board, it can file a lawsuit with the People's Court within 30 days from the date of receipt of the notice.

Therefore, after receiving the invalidation declaration , you can make corresponding preparations according to the specific reasons.

4. What are the key points of the defense for trademark invalidation?

Answer: 1. Based on the reasons stated in the notice, from the trademark Describe the two in terms of their pronunciation, shape, meaning, etc.; or explain the difference between the two from the product itself, especially whether it has an impact on consumer purchases.

2. If the trademark is Having a certain degree of originality or prior rights will be a strong reason and argument.

No matter what reason the trademark is declared invalid, there will be a time limit. So you need to do something at this time Make a correct and effective response, consult promptly or seek help from professionals, and seek assistance from a reliable intellectual property firm.