Invalid trademarks can continue to be used, but they are not protected by law during use. A trademark that has been declared invalid can be declared invalid through the Trademark Review and Adjudication Board, and the Patent Reexamination Board can declare the patent right invalid. To apply for a trademark invalidation declaration, you must submit an application to the Trademark Review and Adjudication Board. The Trademark Review and Adjudication Board will review the application and make a ruling within 9 months. If you are dissatisfied with the ruling, you can file a lawsuit with the People's Court within 30 days. The time period for trademark invalidation is approximately 15 days to 9 months. After a trademark is declared invalid, you must be careful not to infringe on the trademark rights of others when using it.

The process for individuals to request to declare a registered trademark invalid

1. If other units or individuals request the Trademark Review and Adjudication Board to declare the registered trademark invalid, they shall submit an application to the Trademark Review and Adjudication Board;

2. After receiving the application, the Trademark Review and Adjudication Board shall notify the relevant parties in writing and submit a defense within a time limit, and may handle the defense of the trademark invalidation declaration;

3. The Trademark Review and Adjudication Board shall within 9 months Make a decision to maintain the registered trademark or declare the registered trademark invalid within a certain period of time, and notify the parties in writing. If there are special circumstances that require an extension of the time limit, it can be extended for 3 months with the approval of the industrial and commercial administration department of the State Council;

4. If the party concerned is dissatisfied with the ruling of the Trademark Review and Adjudication Board, the time limit may be extended from the date of receipt of the notice. File a lawsuit with the People's Court within 30 days;

5. After accepting the lawsuit, the People's Court shall notify the other party in the trademark adjudication procedure to participate in the litigation as a third party.

3. Time period for trademark invalidation application

1. 15 days: If the trademark owner receives the notice of trademark invalidation, he can apply to the Trademark Review and Adjudication Board for trademark review within 15 days.

2. 9 months: The Trademark Review and Adjudication Board shall make a decision on the review within 9 months. If there are special circumstances, it may be extended for 3 months.

3. 30 days: If the review fails, the owner can file a lawsuit with the People's Court within 30 days from the date of receipt of the notice.

If the party concerned is dissatisfied with the decision of the Patent Reexamination Board to declare the patent right invalid, he shall file a lawsuit with the People's Court within 3 months. After receiving the trademark invalidation notice, the party may apply for a trademark to the Review and Adjudication Board within 15 days. For reexamination, the review committee shall make a decision on the reexamination within 9 months. If the party concerned is dissatisfied with the reexamination decision, he or she may file a lawsuit with the People's Court within one month. After the People's Court accepts the application, the party concerned shall be regarded as the third party in the trademark ruling.

After a trademark is registered, due to an application or other trademark invalidity situations, the trademark will be declared invalid at this time, and once the trademark is declared invalid, the trademark will be invalid from the time it exists. If the trademark infringes upon the rights and interests of other trademarks during the use of the trademark, you will be liable for compensation.

The right to use a trademark after it is declared invalid is restricted to a certain extent. Once a trademark is declared invalid, its registrant will lose the right to use the trademark in commercial activities. Declaration of invalidity means that the legal effect of the trademark has been deprived, and the legal protection and exclusive rights brought by the trademark can no longer be enjoyed. However, depending on the laws of different jurisdictions, there may be exceptions to the right to use a trademark after a declaration of invalidity. For example, some jurisdictions allow the right to use a trademark to continue after it has been declared invalid, but only to the extent of established commercial reputation and market position. Therefore, after a trademark is declared invalid, the registrant needs to consult a professional lawyer to understand the specific legal provisions and rights restrictions.

Legal basis:

Trademark Law of the People's Republic of China (2019 revision):

Chapter 1, General Provisions, Article 13, is accessible to the relevant public If the holder of a well-known trademark believes that its rights have been infringed upon, he may apply for well-known trademark protection in accordance with the provisions of this Law. If a trademark applied for registration on the same or similar goods is a copy, imitation or translation of someone else's well-known trademark that has not been registered in China and is likely to cause confusion, it will not be registered and its use will be prohibited. If a trademark applied for registration for different or dissimilar goods is a copy, imitation or translation of someone else's well-known trademark that has been registered in China, misleading the public and causing the interests of the well-known trademark registrant to be harmed, registration will not be granted and use will be prohibited.