Invalid trademark refers to the trademark prior obligee or interested party requesting the Trademark Review and Adjudication Board to declare the registered trademark invalid, that is, a trademark dispute between two registered trademark obligees because two trademarks are identical or similar. Invalidation of trademarks is actually a common means to protect trademarks. Where a registered trademark does not meet the conditions for trademark registration, it shall be declared invalid by the Trademark Office. Where the prior rights of others are infringed, the prior rights holder or interested party may also declare it invalid to the Trademark Review and Adjudication Board. What are the functions of invalid trademarks?

1, preventing the registration of trademarks.

The owner of the original trademark raised an objection, knowing that the previous trademark used by others was not registered, and the trademark was not registered.

2. Avoid malicious use of trademarks by others.

If the trademark applied for registration is a malicious imitation or translation of other people's well-known trademarks, which leads to misleading and confusing consumers and harms the interests of the well-known trademark owners, the trademark application shall not be registered. Even if the registration is successful, the owner of a well-known trademark may request the Trademark Review and Adjudication Board to declare it invalid, and the time limit for declaring a trademark invalid due to infringement of a well-known trademark is not limited to five years.

3. Protect the rights and interests of consumers

Where the trademark applied for registration is identical with or similar to the prior trademark of others, the Trademark Office shall reject the application and shall not make an announcement; Where different applicants apply for the same or similar trademarks on the same or similar goods, the Trademark Office shall first make a preliminary announcement on the application; If the application is made at the same time, the announcement of first instance will be used.