Legal analysis: If a registered trademark does not have visibility, distinctiveness and legality, it can be declared invalid. In addition, "obtaining registration by deception or other unfair means" is also a reason for trademark invalidation. The reasons for the relative invalidity of trademark rights are that the trademark rights conflict with previously acquired rights or other legitimate rights and interests, which mainly include: invalidity due to conflict with other people's prior rights; invalidity due to infringement of other people's well-known trademark rights; invalidity due to preemptive registration of others' unused trademark rights. Invalid due to a registered trademark; invalid due to violation of agency or representative regulations.
Legal basis: "Trademark Law of the People's Republic of China"
Article 9 The trademark applied for registration shall have distinctive features, be easy to identify, and shall not be the same as that of others. conflict with acquired legal rights. The trademark registrant has the right to indicate "registered trademark" or registered mark.
Article 10 The following signs shall not be used as trademarks: (1) Identical or similar to the country name, national flag, national emblem, national anthem, military flag, military emblem, military anthem, medals, etc. of the People's Republic of China It is 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 figure of a landmark building; (2) It is the same as or similar to the name, national flag, national emblem, military flag, etc. of a foreign country, but Except with the consent of the government of the country; (3) Identical or similar to the name, flag, emblem, etc. of an intergovernmental international organization, except with the consent of the organization or it is not likely to mislead the public; (4) With the exception of those that indicate the implementation of control or guarantee The official signs and inspection marks are the same or similar, except those authorized; (5) The names and signs are the same as or similar to the "Red Cross" and "Red Crescent"; (6) The names and signs are ethnically 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.
Article 11 The following signs shall not be registered as trademarks: (1) Only the common name, graphics, and model of the product; (2) Only directly indicating the quality, main raw materials, functions, and uses of the product , weight, quantity and other characteristics; (3) Other lack of distinctive characteristics. If the signs listed in the preceding paragraph acquire distinctive features through use and are easy to identify, they may be registered as trademarks.
Article 12 When applying for a registered trademark with a three-dimensional mark, a shape that is solely caused by the nature of the goods themselves, a shape of the goods that is necessary to obtain technical effects, or a shape that makes the goods of substantial value shall not be used. register.