If a party wants to apply for invalidation of a trademark, it needs to apply to the Trademark Office or the Trademark Review and Adjudication Board according to law to prove that the trademark right obtained by others was registered by improper means. After examination, the Trademark Office or the Trademark Review and Adjudication Board will make an order to maintain the registered trademark or declare it invalid.

legal ground

Article 44 of the Trademark Law of People's Republic of China (PRC)

Where a registered trademark violates the provisions of Article 4, Article 10, Article 11, Article 12 and Paragraph 4 of Article 19 of this Law, or is registered 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.

Where any other entity or individual requests the Trademark Review and Adjudication Board to declare a registered trademark invalid, the Trademark Review and Adjudication Board shall notify the parties concerned in writing after receiving the application and file a reply within a time limit. The Trademark Review and Adjudication Board shall, within nine months from the date of receiving the application, decide to maintain the registered trademark or declare it invalid, and notify the parties concerned in writing. There are special circumstances that need to be extended, which can be extended for three months with the approval of the administrative department for industry and commerce of the State Council.