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Specific circumstances in which trademark rights are invalid

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What are the specific circumstances under which trademark rights are invalid? 1. If a trademark is registered in violation of the reasons for absolute refusal to register under the following four circumstances, it will be declared invalid by the Trademark Office; other units or individuals You can request the Trademark Review and Adjudication Board to declare it invalid. ① Violation of Article 10 of the Trademark Law; ② Violation of Article 11 of the Trademark Law; ③ Violation of Article 12 of the Trademark Law; ④ Obtaining registration by deception or other unfair means. (Such as fabrication, concealment of facts, falsification of materials, etc.) 2. If a trademark is registered in violation of the reasons for relative refusal of registration under the following seven circumstances, within 5 years from the date of trademark registration, the prior right owner or interested party may request the Trademark Review and Adjudication Board to declare the registered trademark invalid. For cases registered in bad faith, the owner of a well-known trademark is not subject to the 5-year time limit. ① Violate the provisions of the Trademark Law and infringe on unregistered well-known trademarks; ② Violate the provisions of the Trademark Law and infringe upon registered well-known trademarks; ③ Violate the provisions of the Trademark Law and preemptively register unregistered trademarks due to business relationships; preemptive registration is represented by an agent ④ Violate the provisions of the Trademark Law and the trademark contains false geographical indications; ⑤ Violate the provisions of the Trademark Law and be identical or similar to a previously registered or preliminary approved trademark; ⑥ Violate the provisions of the Trademark Law and violate The first-to-file principle supplemented by first-to-use; ⑦ Violation of the provisions of the Trademark Law and infringement of prior rights; preemptive registration of well-known unregistered trademarks by unfair means. The above is the relevant knowledge about the above issues compiled by the editor for you. This website provides you with professional lawyer consultation. If you have any questions, please feel free to enter the consultation. Legal objectivity:

A registered trademark in Article 44 of the Trademark Law of the People's Republic of China violates Articles 4, 10, 11 and 12 of this Law. Article 19, paragraph 4, or if the registration is obtained 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 makes a decision to declare a registered trademark invalid, it shall notify the parties concerned in writing. If the party concerned is dissatisfied with the decision of the Trademark Office, he may apply to the Trademark Review and Adjudication Board for review within fifteen days from the date of receipt of the notice. The Trademark Review and Adjudication Board shall make a decision 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, it can be extended for three months with the approval of the industrial and commercial administration department of the State Council. If the party concerned is dissatisfied with the decision of the Trademark Review and Adjudication Board, it may file a lawsuit with the People's Court within thirty days from the date of receipt of the notice.