(A) the reasons are different

According to the provisions of Article 49 of China's Trademark Law, the reasons for revocation include: the trademark registrant changes the registered trademark and registered name by himself in the process of using the registered trademark; Where a registered trademark becomes the common name of a commodity approved for use by it or has not been used for three consecutive years without justifiable reasons. According to the provisions of Articles 44 and 45 of China's Trademark Law, the reasons for invalidation include: first, absolute reasons, that is, malicious trademark registration applications not for the purpose of use; A registered trademark shall not be used as a trademark as stipulated in the Trademark Law; It shall not be registered as a trademark due to the lack of distinctive features; Or by cheating or other improper means to obtain registration; The second is the relative reason, that is, the conflict with others' prior rights; Infringement of the rights of other people's well-known trademarks; Being registered by others because of a registered trademark; For reasons such as violation of agency or representative regulations.

(2) Different time limits

Revocation period: the trademark registrant changes the registered trademark and registered name by himself in the process of using the registered trademark; If a registered trademark becomes the common name of the goods approved for use, it may apply for cancellation at any time. If a trademark has not been used for three consecutive years without justifiable reasons, it shall meet the conditions of three years of trademark registration before applying for cancellation.

Time limit for invalidation: According to Article 4 1 of the Trademark Law, the time limit for applying for invalidation of trademark rights is divided into two situations:

First, there is no time limit. In the absence of absolute conditions for trademark registration, the Trademark Office may request the Trademark Review and Adjudication Board to declare the trademark invalid ex officio or by other units or individuals without time limit; For a registered trademark that maliciously infringes on the rights and interests of a well-known trademark, there is no time limit for the owner of the well-known trademark to apply for declaring the trademark invalid.

Second, five years. Because of the autonomy of civil rights, only the prior obligee or interested party can request the Trademark Review and Adjudication Board to declare it invalid, and the Trademark Office shall not declare it invalid ex officio on the grounds of protecting the prior rights.

(C) the legal consequences are different

The revocable reason occurs after the trademark right is obtained, and the revoked trademark right becomes invalid after revocation. According to Article 40 of the Regulations for the Implementation of the Trademark Law, if a registered trademark is revoked, it shall be announced by the Trademark Office, and the exclusive right to use the registered trademark shall be terminated from the date when the Trademark Office makes the revocation decision. A registered trademark that has been declared invalid in accordance with the provisions of Articles 44 and 45 of this Law shall be announced by the Trademark Office, and the exclusive right to use the registered trademark shall be regarded as nonexistent from the beginning.

If your enterprise needs trademark registration and rights protection, please contact the senior trademark consultant of Enterprise Knowledge Platform for detailed consultation.