Biaomei’s best friend recently discovered that her successfully registered trademark was declared invalid. She was very depressed. Today we will talk about the circumstances under which a trademark is declared invalid. After the trademark is declared invalid, it has been produced What should I do with the products?

Why was the trademark declared invalid? Trademarks are usually declared invalid under the following circumstances:

(1) The registered trademark contains signs or shapes that cannot be used as trademarks;

(2) By fraudulent means Or successfully obtain trademark registration by other unfair means;

(3) The registered trademark conflicts with other people’s prior rights, rushes to register other people’s unregistered trademarks, or infringes on other people’s well-known trademark rights;

Therefore, when receiving a trademark invalidation declaration, the first thing to check is who filed it.

Who filed for invalidation of the trademark?

Normally, a trademark can be declared invalid in two ways. The first is for the Trademark Office to declare the trademark invalid; the second is for other units or individuals to request the Trademark Review and Adjudication Board to make a declaration. The trademark is invalid.

When we know the reason for the invalidation declaration and who issued it, we must pay attention to the time limit and process of the invalidation declaration.

After the trademark is declared invalid, what happens to the goods that have been produced?

Can we continue to produce and use the trademark if it is invalid? Not only must production and sales be stopped immediately, but if the trademark rights of others are infringed, it can also be traced back. Because it is an infringing product, of course the stocked products cannot be sold. The trademark is invalid but has not expired. In this case, basically someone else has submitted an application to revoke the trademark without using it for three consecutive years. Without any reply from the trademark holder, the exclusive right to the trademark will be revoked. Therefore, the trademark has become invalid. Therefore, regardless of whether the trademark is used or not, the original trademark owner is no longer protected by the trademark law from using the trademark. Someone will file a claim for infringement disputes with the court.

Biaomei reminds everyone that when applying for trademark registration, you must systematically and comprehensively analyze whether the trademark can be registered to prevent unnecessary trouble later! You can also find a trademark agency that has been registered with the State Intellectual Property Office and has obtained qualifications to handle it for you. Trademark invalidation