1. This registered trademark has obvious defects. Violation of the prohibitive provisions of the trademark law. That is, in violation of Article 10 of the Trademark Law, the use of registered trademarks is prohibited as a sign of trademark use; In violation of Article 1 1 of the Trademark Law, the use of a registered trademark is prohibited by law as a sign of the use of a registered trademark; In violation of Article 12 of the Trademark Law, the registered three-dimensional trademark is a sign without distinctive features and cannot be registered; Obtain registration by deception. This means that when applying for trademark registration, the registered trademark owner obtains registration by fabricating facts, concealing facts or forging application documents and other relevant documents, such as forging business licenses, forging approval documents of drug or tobacco administration departments, forging certificates of origin, etc.
2. Obtaining registration by improper means. Trademark owners obtain registration through improper means such as infringing others' prior rights, malicious cybersquatting and infringing others' business reputation. And their situation is more complicated. Infringe on the prior rights of others. This means that the trademark applied for registration conflicts with the prior legal rights of others. In essence, this trademark infringes upon the prior rights of others, such as copyright, design patent, portrait right, name right, trade name right and other civil rights. This trademark right is invalid because the applicant applies for the registration of the rights enjoyed by others as his own trademark, which is an infringement and cannot be tolerated by law. Malicious registration. This means that the registered trademark owner violates the principle of good faith when applying for registration, and maliciously applies for the registration of other people's influential trademarks and well-known trademarks;
3. Disputes over registered trademarks. A registered trademark dispute refers to a dispute raised by a prior registrant that a later registered trademark is identical with or similar to his registered trademark in the same or similar goods or services. According to the principle of protection priority, the owner of a previously registered trademark has the right to request the cancellation of a registered trademark. Generally speaking, as long as the trademark design conforms to the relevant national laws and regulations, there will be no case where the related design trademark is invalid. Generally speaking, only trademarks that are controversial or easily confused or maliciously registered in registration are likely to be listed as invalid trademarks by the Trademark Office. If you find that your trademark is controversial, you can go to the industrial and commercial bureau to cancel it yourself.
Legal basis: Article 44 of the Trademark Law of People's Republic of China (PRC).
Where a registered trademark violates the provisions of Article 4, Article 10, Article 11, Article 12 and Paragraph 4 of Article 19 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.