Article 45 of the Trademark Law

A registered trademark violates paragraphs 2 and 3 of Article 13, Articles 15 and 10 of this Law As stipulated in Article 6, Paragraph 1, Article 30, Article 31, and Article 32, within five years from the date of trademark registration, the prior right holder or interested party may request the Trademark Review and Adjudication Board to declare the registration The trademark is invalid. For cases registered in bad faith, the owner of a well-known trademark is not subject to the five-year time limit.

After receiving an application to declare a registered trademark invalid, the Trademark Review and Adjudication Board shall notify the relevant parties in writing and file a reply within a time limit. The Trademark Review and Adjudication Board shall make a ruling to maintain the registered trademark or declare the registered trademark invalid within twelve 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 six months with the approval of the industrial and commercial administration department of the State Council. If the party concerned is dissatisfied with the ruling 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. The people's court shall notify the other party in the trademark adjudication procedure to participate in the litigation as a third party.

When the Trademark Review and Adjudication Board examines a request for invalidation in accordance with the provisions of the preceding paragraph, the determination of the prior rights involved must be based on the results of another case being heard by the people's court or being handled by the administrative agency. Based on this, the review may be suspended. After the reasons for the suspension are eliminated, the review process should be resumed.