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Why was the Beijing fresh food trademark declared invalid?

In layman terms, fresh food refers to unprocessed food or bread and cooked food. As for the categories of fresh food trademarks, we can know from the Bajie Intellectual Property Trademark Encyclopedia that the categories of fresh food trademarks are Class 29 and Class 31.

Class 29 involves 2901-meat, non-live poultry, game, gravy and 2902-non-live aquatic products, etc. Class 31 includes 3104-live animals, 3105-unprocessed fruits and dried fruits and 3106-Fresh vegetables and other categories.

Beijing trademark is an intangible asset, and its value in the market will increase with the operation of the enterprise. However, trademark invalidation may also occur due to various reasons. There are also many cases where trademarks are declared invalid. Specifically, Are there any related reasons? Below are some of the more common situations that can invalidate a trademark. Invalidation of trademark rights refers to a system in which trademark rights are extinguished in accordance with legal procedures if a trademark does not meet the registration conditions but is registered.

① Obtaining registration by deceptive means means that the trademark registrant obtains registration by fictitious means, concealing facts, or forging application documents and other relevant supporting documents when applying for trademark registration, such as forging business licenses, forging Approval documents from the drug or tobacco administration department, forged certificates of origin, etc.

② Infringement of the prior rights of others means that the trademark applied for registration conflicts with the legal rights previously obtained by others. In essence, this trademark infringes upon the prior rights of others. The reason why such trademark rights are invalid The reason is that the applicant applies for registration of the rights enjoyed by others as his own trademark. This is an infringement and cannot be tolerated by the law.

③ Specific situations of malicious registration include: preemptively registering a trademark that has been used by others and has a certain influence; applying for registration of a trademark for the same or similar goods is copying, imitating or translating someone else’s well-known trademark that has not been registered in China. Trademarks that are likely to cause confusion;

A trademark applied for registration for different or dissimilar goods is a copy, imitation or translation of a well-known trademark that has been registered in China by others, misleading the public, and causing the well-known trademark to appear The interests of the registrant may be harmed;

The agent or representative registers the trademark of the principal or represented person in his own name without authorization; the trademark contains Geographical indications of goods, but the goods do not originate from the region indicated by the mark, and the trademark owner applied for registration in bad faith and obtained approval.

④Registered trademark disputes. The nature of a trademark being declared invalid is completely different from that of a trademark being revoked after expiration. If the Trademark Review and Adjudication Board wants to declare a successfully registered trademark invalid, it must clearly indicate the corresponding legal basis in the written decision. Based on the reasons for the invalidation, It is very likely that the parties involved will also be liable for compensation.

Therefore, only when enterprises effectively avoid the situation of trademarks being declared invalid in practice can they fully protect the trademark. Avoiding trademark invalidation is another compulsory course for enterprises in the process of using trademarks.