The trademark invalidation declaration system is as follows:

1. Absolute circumstances. A registered trademark may be declared invalid if it does not possess visibility, distinctiveness and legality. In addition, "obtaining registration by deception or other unfair means" is also a reason for trademark invalidation.

2. Relative situation. The trademark right conflicts with previously acquired rights or other legitimate rights and interests. In violation of the provisions of the Trademark Law, 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 registered trademark invalid. Specifically: the same or similar, different or different trademarks are copies, imitations, or translations of well-known trademarks. Malicious registration of other people’s trademarks, misleading geographical indications, similar trademark registration applications, conflicts with others’ prior rights, and malicious preemptive registration.

Legal basis: Article 44 of the "Trademark Law of the People's Republic of China" has registered a trademark that violates Articles 4, 10, 11 and 12 of this Law. Article 19, paragraph 4, or if the registration is obtained by deception or other improper means, the Trademark Office shall declare the registered trademark invalid; other units or individuals may request the Trademark Review and Adjudication Board to declare the registered trademark invalid. When the Trademark Office makes a decision to declare a registered trademark invalid, it shall notify the parties concerned in writing. If the party concerned is dissatisfied with the decision of the Trademark Office, he may apply to the Trademark Review and Adjudication Board for review within fifteen days from the date of receipt of the notice. The Trademark Review and Adjudication Board shall make a decision within nine 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 three months with the approval of the industrial and commercial administration department of the State Council. If the party concerned is dissatisfied with the decision 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. 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, after receiving the application, 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 nine 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 three 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.

If your company has trademark registration, rights protection and other needs, you are welcome to contact the senior trademark consultant of the Qizhidao platform for detailed consultation.