paragraph 1 of article 45 of the trademark law stipulates that if a registered trademark violates the provisions of paragraphs 2 and 3 of article 13, article 15, paragraph 1 of article 16, article 3, article 31 and article 32 of this law, the prior obligee or interested party may request the trademark review and adjudication board to declare the registered trademark invalid within five years from the date of trademark registration. For malicious registration, the owner of a well-known trademark is not subject to a five-year time limit.
according to the above related regulations, the applicable situations of invalidation of registered trademarks are mainly divided into absolute reasons and relative reasons.
Absolute reasons include, but are not limited to:
(1) malicious trademark registration not for use;
(2) Violation of the prohibition clauses in the Trademark Law, such as the fact that the trademark is easy to be mistaken and has adverse effects;
(3) lack of significance;
(4) Trademark agencies apply for registered trademarks in addition to agency services;
(5) Obtaining registration by deception or other improper means.
Relative reasons include but are not limited to:
(1) Copying, imitating or translating other people's well-known trademarks;
(2) preempting the trademarks of the principal, the representative or other specific related parties;
(3) squatting and imitating other people's geographical indications;
(4) Infringement of others' prior trademark rights;
(5) preempting unregistered trademarks that others have previously used and have a certain popularity;
(6) Damaging other people's existing rights except trademark rights, such as the right of brand name, the right of patent for appearance, the right of name, the right of portrait, the copyright of art works, the right of commercialization, etc.