Invalid declaration of maliciously registered trademarks

Legal basis

Article 44 of the Trademark Law of the People's Republic of China

< p>A registered trademark violates the provisions of Article 4, Article 10, Article 11, Article 12, and Article 19, Paragraph 4 of this Law, or the registration is obtained by deception or other unfair 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.

When the Trademark Office makes a decision to declare a registered trademark invalid, it shall notify the parties concerned in writing. If the party concerned is dissatisfied with the decision of the Trademark Office, he may apply to the Trademark Review and Adjudication Board for review within fifteen days from the date of receipt of the notice. The Trademark Review and Adjudication Board shall make a decision within nine months from the date of receipt of the application and notify the parties in writing. If there are special circumstances that require an extension, it can be extended for three months with the approval of the industrial and commercial administration department of the State Council. If the party concerned is dissatisfied with the decision of the Trademark Review and Adjudication Board, it may file a lawsuit with the People's Court within thirty days from the date of receipt of the notice.