A good trademark is gone forever! After a registered trademark has been declared invalid or revoked, after it is announced by the Trademark Office, its exclusive right will be deemed to have ceased to exist from the beginning! This is not just for those who hear it. The sad listeners shed tears, they were so heartbroken!

In other words, what kind of registered trademark will be lost? Why is the trademark lost?

The trademark is invalid

1. Violation of the absolute grounds for refusal of registration.

If a registered trademark falls under the following four circumstances, it will be declared invalid by the Trademark Office; other units or individuals may request the Trademark Review and Adjudication Board to declare it invalid.

1. The following signs shall not be used as trademarks:

(1) The same as the country name, national flag, national emblem, national anthem, military flag, military emblem, military song, The same or similar medals, medals, etc., or the same as the name or logo of a central state agency, the name of a specific place where it is located, or the name or graphics of a landmark building;

(2) Same as the name of a foreign country, The national flag, national emblem, military flag, etc. are the same or similar, except with the consent of the government of the country;

(3) The name, flag, emblem, etc. of the intergovernmental international organization are the same or similar, except with the consent of the government of that country; Except with the consent of the organization or if it is not likely to mislead the public;

(4) Identical or similar to the official mark or inspection mark indicating the implementation of control and guarantee, except for authorized ones;

(5) Identical or similar names or symbols to the Red Cross or Red Crescent;

(6) Ethnic discriminatory;

(7) It is deceptive and can easily cause the public to misunderstand the quality and other characteristics of the product or its place of origin;

(8) It is harmful to socialist morals or has other adverse effects.

Place names of administrative divisions at or above the county level or foreign place names known to the public shall not be used as trademarks. However, exceptions are made where place names have other meanings or are part of collective trademarks or certification marks; registered trademarks using place names will continue to be valid.

2. The following signs shall not be registered as trademarks:

(1) Only the common name, graphics and model of the product;

(2) Only the common name, graphics and model of the product; Directly expressing the quality, main raw materials, functions, uses, weight, quantity and other characteristics of the goods;

(3) Other lack of distinctive features.

Note: If the marks listed in the previous paragraph have acquired distinctive features through use and are easy to identify, they can be registered as trademarks.

3. When applying for a registered trademark with a three-dimensional mark, the shape that is solely caused by the nature of the product itself, the shape of the product that is necessary to obtain technical effects, or the shape that makes the product of substantial value shall not be registered.

4. Obtaining registration by deception or other improper means. (Such as fabrication, concealing facts and forging materials, etc.)

2. Violation of relative reasons for refusal to register

Registered trademarks have the following seven circumstances. Within 5 years from the date of trademark registration, the previous The right holder 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. Infringement of unregistered well-known trademarks;

2. Infringement of registered well-known trademarks;

3. Preemptive registration of unregistered trademarks due to business relationships; Noting the agent's trademark;

4. The trademark contains a false geographical indication;

5. It is identical or similar to a previously registered or preliminary approved trademark;

6. Violation of the first-to-file principle supplemented by first-to-use;

7. Infringement of prior rights; preemptive registration of well-known unregistered trademarks by unfair means;

Trademark cancellation

If a trademark registrant changes the registered trademark, the registrant's name, address or other registration matters on his own during the use of the registered trademark, the local industrial and commercial administration department shall order him to make corrections within a time limit; if he fails to make corrections within the time limit, The registered trademark shall be revoked by the Trademark Office.

(1) Changing a registered trademark so that it is identical or similar to a trademark registered by others on the same or similar goods, which may cause confusion and misunderstanding among relevant consumers;

(2) Failure to transfer or transfer similar registered trademarks at the same time, so that the same or similar trademarks on the same or similar goods are owned by different trademark owners, and the trademark owners improperly use the registered trademarks, which may result in Relevant consumers confuse it with other trademark owners;

(3) Improper use of registered trademarks, causing relevant consumers to misunderstand the quality, raw materials, functions, uses, weight, quantity and quality of the goods. Other characteristics or place of origin are misidentified;

(4) Improper use of a registered trademark, causing it to lose its distinctive features;

(5) Failure to use it for three consecutive years without justifiable reasons (Also known as: trademark withdrawal three);

(6) The trademark has expired and has not been renewed, and has been cancelled (the validity period of the trademark is 10 years).