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How to invalidate a trademark

Legal Analysis: The process of requesting to declare a registered trademark invalid:

1. If other units or individuals request the Trademark Review and Adjudication Board to declare the registered trademark invalid, they shall submit an application to the Trademark Review and Adjudication Board;

2. After receiving the application, the Trademark Review and Adjudication Board shall notify the relevant parties in writing and submit a defense within a time limit, and may handle the defense of the trademark invalidation declaration;

3. The Trademark Review and Adjudication Board shall A ruling to maintain the registered trademark or declare the registered trademark invalid shall be made within 9 months, and the parties concerned shall be notified in writing. If there are special circumstances that require an extension of the time limit, it may be extended for 3 months with the approval of the industrial and commercial administration department of the State Council;

4. If the party concerned is dissatisfied with the ruling of the Trademark Review and Adjudication Board, the time limit may be extended from the date of receipt of the notice. File a lawsuit with the People's Court within 30 days;

5. After accepting the lawsuit, 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 47 A registered trademark declared invalid in accordance with the provisions of Articles 44 and 45 of this Law shall be registered by the Trademark Law The bureau shall announce that the exclusive right to use the registered trademark shall be deemed to have ceased to exist from the beginning. Decisions or rulings declaring a registered trademark invalid, judgments, rulings, and mediation documents on trademark infringement cases made and executed by the People's Court before the invalidation, and decisions on handling trademark infringement cases made and executed by the industrial and commercial administration departments, as well as The executed trademark transfer or licensing contract does not have retroactive effect. However, compensation shall be provided for losses caused to others due to the bad faith of the trademark registrant. If the trademark infringement compensation, trademark transfer fees, and trademark usage fees are not returned in accordance with the provisions of the preceding paragraph, which obviously violates the principle of fairness, all or part of the compensation shall be returned.