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What should I do if my trademark cannot be declared invalid after five years of registration?

(1) For registered trademarks that are obviously defective, such as those that harm the interests of the country’s public welfare or lack distinctiveness, the Trademark Office can proactively invalidate the registered trademark ex officio; other units or individuals can request The Trademark Review and Adjudication Board invalidates the registered trademark. (2) For improperly registered trademarks, the prior right holder or interested party may request the Trademark Review and Adjudication Board to invalidate the registered trademark within five years from the date of trademark registration. For cases registered in bad faith, the owner of a well-known trademark is not subject to the five-year time limit. For a trademark that has been opposed and ruled before registration is approved, no application can be made to invalidate the registered trademark based on the same facts and reasons. After the Trademark Review and Adjudication Board makes a ruling to maintain or invalidate a registered trademark, it shall notify the relevant parties in writing. 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 30 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.

Legal basis:

"Trademark Law of the People's Republic of China"

Article 8 Anyone who can combine the goods of a natural person, legal person or other organization with Marks that distinguish other people's goods, including words, graphics, letters, numbers, three-dimensional signs, color combinations, sounds, etc., as well as combinations of the above elements, can be applied for registration as trademarks.

Article 9 The trademark applied for registration shall have distinctive features and be easy to identify, and shall not conflict with the legal rights previously obtained by others.

Trademark registrants have the right to indicate "registered trademark" or registered mark.