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What is the reason for the defense of invalid trademark registration?
1. The reason why the trademark is registered in the defense of invalidation is what the trademark needs to defend after filing the application for invalidation. Reason: (1) If you give up the defense after the trademark is declared invalid, you will directly face the risk of trademark invalidation. (2) The defense of invalidation is a legal right granted by the Trademark Law, and it is also the only way for the parties to refute the applicant's point of view to the Trademark Review and Adjudication Board (Article 44 of the Trademark Law: If other units or individuals request the Trademark Review and Adjudication Board to declare a registered trademark invalid, the Trademark Review and Adjudication Board shall notify the relevant parties in writing after receiving the application and file a defense within a time limit). (3) The Trademark Review and Adjudication Board will hear the case of invalidation in writing. Failure to reply will undoubtedly increase the chances of the other party's invalid success, and reply will undoubtedly increase our chances of success. 2. What are the consequences of declaring a registered trademark invalid? Invalidation of a trademark is the invalidation of a registered trademark, which is equivalent to being sentenced to death, which is very destructive to the trademark owner. Facing the danger of invalid trademarks, we must actively respond and try our best to save them! Be familiar with the relevant legal requirements from the beginning of trademark registration, and obtain trademark rights through legal and formal channels to avoid trademark invalidation. 1. According to the provisions of the Trademark Law of People's Republic of China (PRC), the Trademark Office may make a decision or ruling to declare a registered trademark invalid. Specific provisions: 2. Article 47 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. 3. The decision or ruling declaring a registered trademark invalid has no retrospective effect on the judgment, ruling and conciliation statement of trademark infringement cases made and executed by the people's court before the invalidation, the decision on handling trademark infringement cases made and executed by the administrative department for industry and commerce, and the executed trademark transfer or use license contract. However, if losses are caused to others due to the malice of the trademark registrant, compensation shall be made. 4. If the trademark infringement compensation, trademark transfer fee and trademark use fee are not returned in accordance with the provisions of the preceding paragraph, which obviously violates the principle of fairness, they shall be returned in whole or in part. There are many registered trademark incidents in life, which seriously violate the trademark law, form unhealthy competition and cause losses to others' economy and corporate culture. We should know that malicious cybersquatting not only affects the cultural development of enterprises, but also is an infringement.