I. Dispute Cancellation Dispute cancellation refers to that after a trademark is registered, a dispute arises for some legal reason, resulting in the cancellation of the trademark and no longer enjoying the exclusive right to use the trademark. Mainly due to improper registration, there are two cases of dispute cancellation, one is improper registration and the other is malicious registration. Improper registration is mainly because registered trademarks violate the provisions of the trademark law and register some signs that cannot be registered as trademarks. Article 10 of the Trademark Law stipulates eight situations that cannot be used as trademarks, and Article 11 stipulates three situations that cannot be used as registered trademarks. Article 12 stipulates that 3D marks that cannot be registered are very rare. (I) Legal basis for improper registration Article 10 The following signs shall not be used as trademarks: (1) They are identical with or similar to the national name, national flag, national emblem, military flag and medal of People's Republic of China (PRC), and are identical with the names and graphics of specific place names or landmark buildings where the central state organs are located; (2) identical with or similar to the name, national flag, national emblem or military flag of a foreign country, except as agreed by the government of that country; (3) identical with or similar to the name, flag and emblem of an intergovernmental international organization, except with the consent of the organization or not easily misleading the public; (4) identical with or similar to the official marks and inspection marks indicating the implementation of control and guarantee, unless authorized; (5) identical with or similar to the names and symbols of the Red Cross and Red Crescent; (six) with ethnic discrimination; (seven) exaggerated propaganda and deception; (eight) harmful to socialist morality or other adverse effects. Geographical names of administrative divisions at or above the county level or foreign geographical names well known to the public shall not be used as trademarks. However, unless the place name has other meaning or is part of a collective trademark or certification trademark; Registered trademarks using geographical names shall remain valid. Article 11 The following marks shall not be registered as trademarks: (1) Only the common name, figure and model of the commodity; (two) directly indicating the quality, main raw materials, functions, uses, weight, quantity and other characteristics of the goods; (3) Lack of distinctive features. Article 12 Where an application for trademark registration is made with a three-dimensional mark, the shape produced only by the nature of the commodity itself, the shape of the commodity needed to obtain technical effects or the shape that makes the commodity have substantial value shall not be registered. 1. Using the following 13 logo as a registered trademark is an improper registration (1), which is the same as or similar to China's national name, national flag, national emblem, military flag and medal, and the same as the names and graphics of specific place names or landmark buildings where the central state organs are located; (2) identical with or similar to the name, national flag, national emblem or military flag of a foreign country; (3) identical with or similar to the name, flag and emblem of an intergovernmental international organization; (4) identical with or similar to the official marks and inspection marks indicating the implementation of control and guarantee; (5) identical with or similar to the names and symbols of the Red Cross and Red Crescent; (6) ethnic discrimination; (7) exaggerating propaganda and deception; (eight) harmful to socialist morality or other adverse effects. (9) The place names of administrative divisions at or above the county level or foreign place names known to the public (10) only contain the common name, figure and model of the commodity; (1 1) only directly indicates the quality, main raw materials, functions, uses, weight, quantity and other characteristics of goods; (12) lack of distinctive features (13) improper use of three-dimensional signs (2) malicious registration (2) cancellation of use. Revocation of use means that the exclusive right to use a registered trademark is revoked by the Trademark Office because it violates some legal provisions in the course of use. Revocation of use is mainly due to improper use. According to the law, there are the following cases of improper use: if the registered trademark is used in accordance with the provisions of Article 44, the Trademark Office shall order it to correct or revoke its registered trademark within a time limit if it commits any of the following acts: (1) changing the registered trademark by itself; (2) Changing the name, address or other registered items of the registrant of a registered trademark; (3) Transferring a registered trademark by itself; (four) stop using for three consecutive years. Article 45. Where a registered trademark is used, its goods are shoddy, shoddy and deceive consumers, the administrative departments for industry and commerce at all levels shall, according to different circumstances, order it to make corrections within a time limit, and may notify it or impose a fine, or the Trademark Office may revoke its registered trademark. (1) The following conditions will be revoked during use: 1. Where a registered trademark is changed by itself, the registration certificate shall prevail. If it is a word mark, the font on the registration certificate shall not be changed at will; If it is a graphic trademark, the graphic shall not be changed; If it is a combination trademark of words and graphics, it is not allowed to change the combination mode or any elements. In a word, this is how to use it if you register. However, it is impossible for trademark registrants to pay attention to these. Word mark changes fonts, graphic trademarks change graphics, combined trademarks change combinations, or an element is removed. These acts are considered to be self-changing registered trademarks, which may lead to the cancellation of trademarks. Although we haven't found that the registered trademark has been revoked because of our own changes, this possibility still exists. The biggest hidden danger comes from competitors, who are likely to report it for competitive reasons. In general, there must be a reason for enterprises to change their registered trademarks, especially graphic trademarks. Perhaps because of the development of the enterprise, the original graphics are no longer suitable for the corporate image, and some minor changes are needed. For example, KFC slightly modified the bow tie of its portrait. If the enterprise really needs to modify, then it only needs to re-register the modified trademark. 2. Changing the name and address of a registered trademark or other registered items (1) Case of changing the name of a registered trademark: The plaintiff should not cancel the trademark infringement lawsuit, but the defendant changed the name of the factory from the original "Bao Mei Suit Factory in Zhelang Town, Shanwei City" to 1994 "Bao Mei Suit Factory in Shanwei City". The court of second instance held that although the original name of Bao Mei Factory was changed from "Bao Mei Suit Factory in Zhelang Town, Shanwei City, Guangdong Province" to "Bao Mei Suit Factory in Shanwei City, Guangdong Province", this was due to the change of administrative area, not the reason of Bao Mei Factory itself, and Bao Mei Factory had applied to the Trademark Office of the State Administration for Industry and Commerce to change the name of the trademark registrant, so Bao Mei Factory did not lose its exclusive right to register a trademark. There are roughly a dozen registered items of trademarks, so there is no need to register them. If it is represented by an agency, there may be fewer registered projects. In fact, only the name and address of the registrant can be changed. Changing the address is the most common. Most companies will not be in one place for more than ten years, and the relocation of the company is to change the address. In fact, it is not uncommon to change a registrant's name. Some people like to change their names, and enterprises also like to change their names. Renaming is free, but changing your name without authorization will cause a lot of trouble. For the registered trademark of an enterprise, it is necessary to go through the formalities of change. If it is not changed, the registered trademark will be revoked because of the change of the registrant's name. (2) Self-change of registered address: the registered address of Hualian trademark was revoked. The Hualian trademark registered by Nanjing Hualian Commercial Corporation was recognized as a well-known trademark. A real estate company named Hualian in Shenzhen found it impossible to register the 36th trademark of Hualian, so it found a trademark office in Nanjing. After investigation by the firm, we found a "loophole" in which the address change of Nanjing Hualian was not filed in the industrial and commercial department. Therefore, the Trademark Office filed an application for trademark revocation with the Trademark Office of the State Administration for Industry and Commerce. The Trademark Office approved the revocation of the trademark use right of Nanjing Hualian Commercial Company. Under normal circumstances, the Trademark Office is unaware of any changes to trademarks, so it is difficult to take the initiative to investigate and deal with those who change their names and addresses without going through the formalities of change. However, in trademark transfer, the trademark must go through the transfer formalities at the Trademark Office, and the change of its name and address will be exposed. Therefore, it is up to the Trademark Office to correct or cancel this order, which has brought a serious consequence and left the registered trademark in an unstable state. For the trademark transferor, the value of the trademark will be exposed. Case: "Chinatown" trademark transfer case Beijing Tangshengren Xinjie Catering and Entertainment Co., Ltd. obtained 200 1 "Chinatown" trademark registration certificate. In September 2003, Beijing Renxinjie Restaurant and Entertainment Co., Ltd. signed a trademark transfer contract to permanently transfer the trademark and graphics of Chinatown to Lu XX. One year before signing the trademark transfer contract, Beijing Street Catering Entertainment Co., Ltd. was renamed Beijing Chinatown Catering Entertainment Co., Ltd. It stands to reason that the renamed Beijing Street Catering Entertainment Co., Ltd. has no right to sign a trademark transfer contract with Lu. However, Beijing Street Catering Entertainment Co., Ltd. not only signed a contract with Lu, but also obtained the approval of the Trademark Office for the transfer of the trademark. Lu XX officially obtained the registered trademark of "Chinatown" and graphics. Lu XX v. Beijing XX Catering Co., Ltd. infringed its trademark right, but Beijing XX Catering Co., Ltd. thought that the red official seal of "Beijing Renxinjie Catering Entertainment Co., Ltd." at the end of the trademark transfer contract at that time was invalid, so the transfer contract was actually invalid, and the trademark transfer behavior was actually invalid. The focus of the contradiction lies in the transfer contract with invalid official seal. Although the transfer behavior has been recognized by the industrial and commercial authorities, is it still legally established? The Beijing No.1 Intermediate People's Court ruled that the plaintiff enjoyed the legal exclusive right to use the trademark involved. In the case that the transfer of the rights of the registered trademark involved in the case has been confirmed by the State Administration for Industry and Commerce, the plaintiff's transferee behavior conforms to the law, and his rights as the owner of the registered trademark involved in the case should be protected by law. This case changed the name of the registrant by itself. According to the provisions of the Trademark Law, a trademark can be revoked, but the defendant did not focus on this and did not propose to the Trademark Office to cancel the registered trademark, thus completely putting aside the worries of trademark infringement. Revocation of a registered trademark is an administrative right exercised by the trademark, and the judicial power exercised by the court cannot be exercised by the court for the trademark office, so the court did not decide to revoke the trademark. 3. Transferring a registered trademark by itself. 4. Most countries that have stopped using the trademark for three consecutive years stipulate that after the trademark is registered, the trademark owner has the obligation to continue using it. If a registered trademark is left idle for a long time, it will waste social resources, not only fail to play its due role and function, but also affect the registration or use of others. China's Trademark Law stipulates that if a registered trademark is not used for three consecutive years, the Trademark Office shall order it to correct or revoke its registered trademark within a time limit. The establishment of the application for cancellation system can make up for the lack of supervision by the trademark management authorities, and at the same time, it can also give the interested parties corresponding relief channels.