Answer: Application for Cancellation Ruling of an Improperly Registered Trademark. An application for Cancellation Ruling of a Trademark is a document submitted to the Trademark Review and Adjudication Board for the cancellation of a trademark approved for registration by the Trademark Office if it is deemed improperly registered. Improper registration mainly refers to: (1) trademarks registered by deceptive means or in violation of legal procedures; (2) trademarks whose use is expressly prohibited by law; (3) trademarks that do not have distinctive features or have no distinctive effect; (4) Trademarks registered as acts of unfair competition; (5) Other improperly registered trademarks. An application for revocation of an improperly registered trademark is a document submitted to the Trademark Review and Adjudication Board for revocation of a trademark approved by the Trademark Office for registration that is deemed improperly registered. Legal Thoughts on Cancellation of Improperly Registered Trademarks from Guangdong Gujinlai Law Firm - Lawyer Cai Lingbo's trademark A mark used to distinguish the source or quality of different goods or services is a demonstration of the business reputation of a specific goods or service provider. The stable use of a trademark on goods or services associates the quality of the goods or services with the trademark. Coupled with the distinctiveness of the trademark itself, the trademark has the function of distinguishing the sources of different goods or services. It is the distinguishing function of the trademark that distinguishes specific goods. and services are directly linked to the goodwill of their source, and ultimately affect the realization of the operator's economic interests. The essence behind a trademark is the commercial reputation of the source of the goods or services. The public's trust in specific goods or services largely depends on brand choice, and trademark rights have huge commercial value. As a type of intellectual property, trademark rights are protected by the Trademark Law. The trademark owner not only enjoys the monopoly and exclusive right to use the trademark, but also can prohibit others from carrying out actions that hinder the realization of the trademark owner's rights. Trademark rights are absolute and exclusive. In the trademark legal systems of various countries around the world, trademark protection is mainly achieved through registration and use. The acquisition of trademark rights under my country's trademark law requires trademark registration. Trademark rights are also called exclusive rights to registered trademarks. For a legally registered trademark, the trademark owner enjoys the exclusive right to use it and excludes interference from others. Not only can he obtain a monopoly on the right to use it by himself or by allowing others to use it, but he also has the right to prohibit others from using the same or similar goods or services. A trademark that is identical or similar to that of the trademark owner is the expanded effect of the trademark right. The absolute nature of the exclusive right to use a registered trademark determines that its establishment itself should have full legality and legitimacy. If a registered trademark is registered through improper means or a method that damages the rights of others, the legal rights of others may be inconsistent with this right. The trademark rights represented conflict with each other or are even excluded, and the improper registrant's trademark has obtained illegal benefits. A registered trademark obtained through unfair means lacks a legal basis and is at the expense of infringing the legitimate rights of others. If the exclusive right remains unchanged, it runs counter to the fair value of the law. The International Convention on Intellectual Property Rights Related to Trademarks Domestic legislation in various countries around the world has generally established a cancellation system for improperly registered trademarks, giving relevant stakeholders the right to apply for cancellation of the registered trademark. my country revised its Trademark Law for the second time in October 2001. The revised Trademark Law’s provisions on improperly registered trademarks reflect China’s effective fulfillment of its intellectual property protection obligations after joining the World Trade Organization (WTO), and also make my country’s trademark Legislation is further aligned with international standards. Article 41 of the Trademark Law specifically stipulates the circumstances under which a registered trademark may be revoked, including violations of Articles 10, 11, 12, 13, 15, and 16 of the Trademark Law Article 31: If registration is obtained by deception or unfair means, you may apply for revocation. Some of them are because the trademark itself uses signs prohibited by law, or lacks distinctive features, or harms the interests of the public (mainly the situations stipulated in Articles 10, 11, and 12 of the Trademark Law); others Article 15 refers to the situation of trademark registration by a registered agent by himself, and Article 16 refers to the malicious use of geographical indications. In these cases, the absolute reasons for rejecting the application can generally be easily avoided through the substantive examination of the Trademark Office's approval of registration.

Cancellation of registration is a fundamental way for prior rights holders to eliminate damage caused by improperly registered trademarks. The "French Intellectual Property Code (Legislative Part)" is a good reference for the provisions of prior rights. Article 711-4 of the Code stipulates that marks that infringe prior rights shall not be used as trademarks, especially those that infringe: 1. A previously registered trademark or Well-known trademarks as referred to in Article 6bis of the Paris Convention for the Protection of Industrial Property; 2. Company names or trade names, if there is a risk of confusion in the public consciousness; 3. Nationwide well-known manufacturer names or logos, if there is a risk of confusion in the public consciousness. There is a risk of confusion; 4. Protected designations of origin; 5. Copyright; 6. Protected industrial designs; 7. Personal rights of third parties, especially surnames, pseudonyms or portrait rights; 8. Local administrative units name, image or reputation. ④ Prior rights are legal rights that have arisen before application. When a registered trademark conflicts with prior rights, the prior rights can challenge the trademark registration, and the holder of prior rights has the right to apply for cancellation of the registered trademark. The subjective good faith or bad faith of the trademark registrant has no impact on the cancellation of a registered trademark that damages prior rights. Regardless of the subjective good faith or bad faith of the registration applicant, it does not detract from the effectiveness of the legal protection of the prior rights. If the registration applicant acts in bad faith, It is an infringement and cancellation of registration is an inevitable result. If it is an act in good faith and causes damage to the realization of the prior right, the countervailing power of the prior right will not be lost. Only the cancellation of the registered trademark can remove the rights obstacle. 3. Cancellation of improperly registered trademarks that violate the special protection of well-known trademarks. Article 6(2) of the Paris Convention for the Protection of Industrial Property stipulates that member states have the obligation to provide special protection for well-known trademarks. “(1) The country where the trademark is registered or When the competent authority of the country of use considers that a trademark has become a well-known trademark in that country and has become the property of a person entitled to enjoy the benefits of this Convention, and another trademark constitutes a copy, imitation, or translation of the well-known trademark and is used for the same or When similar goods are likely to cause confusion, each country in the Alliance shall, ex officio - if permitted by domestic law - or at the request of the relevant party, refuse or cancel the registration of the other trademark, and prohibit the use of the main part of the trademark. This article also applies to well-known trademarks or imitators that cause confusion. "Article 16 of the Agreement on Trade-Related Aspects of Intellectual Property Rights, or Trips, has further extended the protection of well-known trademarks to service marks, but the "Paris Convention (1967)" Text) The principle of Article 6bis applies to goods or services that are not similar to the registered trademark, provided that the use of the relevant trademark on such goods or services will imply the existence of a relationship between these goods or services and the owner of the registered trademark. There is some connection, and the interests of the owner of the registered trademark will likely be damaged by such use. "⑤ Well-known trademarks carry great commercial reputation of the source of goods or services due to their high degree of public awareness and trustworthiness. Unfair competitors unfairly exploit the goodwill of a well-known trademark through unfair means, seriously damaging the interests of the well-known trademark owner. International conventions require that well-known trademarks be given special protection. The prohibitive effect of a well-known trademark does not only extend to the same or similar trademarks. The use of the same or similar trademarks on similar goods or services, and the use of the same or similar trademarks as well-known trademarks on goods that are not identical or similar are also prohibited. The Paris Convention stipulates that everyone has the right to request refusal of registration, cancellation, and prohibition of use. Applying for registration or use of a well-known trademark after copying, imitating or translating it is actually an act of "trademark dilution" that harms the well-known trademark. Trademark dilution refers to the act of reducing or weakening the recognition and distinctiveness of a well-known trademark or other fairly well-known trademark, and damaging or tarnishing its goodwill. ⑥ A well-known trademark is a concentrated expression of the business reputation accumulated over a long period of time by its right holder through continuous efforts in market competition and based on the quality, characteristics and use advantages of its own products or services. Because of the high popularity of a well-known trademark, the trademark itself has become a public An important basis for distinguishing goods and making choices. Trademarks themselves naturally create trust in the source and quality of goods or services.

The above-mentioned downplaying of the well-known trademark's copying, imitation, or translation application for registration or use will bear the brunt of the damage to the interests of the well-known trademark owner. Using the commercial reputation embodied by other people's well-known trademarks without payment of consideration is unfair in itself. , if a well-known trademark is used in many commercial fields, the distinctiveness and recognition of the well-known trademark will be weakened, the stable connection between the trademark and good quality goods or services will be diluted, and the reputation carried by the well-known trademark will inevitably be damaged. If you register a well-known trademark on different or dissimilar goods or services, you will undoubtedly "steal" the business reputation that others have established, and exclude others from using it on the basis of obtaining the exclusive right to use the trademark. However, "free riding" is an act of obtaining improper benefits. It downplays the fact that the perpetrator is taking advantage of the high commercial reputation of the well-known trademark owner, which easily makes people think that the user has some kind of relationship with the well-known trademark owner, which makes competitors in the same industry because of their unfairness. Legitimate means are at a disadvantage. Article 10bis(2) of the Paris Convention stipulates: "Any competitive behavior that violates honest management in industrial and commercial activities constitutes unfair competition." Copying, imitating or translating well-known trademarks to apply for registration or Use is essentially an act of unfair competition. Article 13 of my country’s Trademark Law stipulates: “If a trademark applied for registration for identical or similar goods is a copy, imitation or translation of someone else’s well-known trademark that has not been registered in China, and is likely to cause confusion, it shall not be registered and shall be prohibited from use. If it is not the same or If a trademark applied for registration for dissimilar goods is a copy, imitation or translation of a well-known trademark registered in China by others, misleading the public and causing possible damage to the rights of the registrant of the well-known trademark, it shall not be registered and its use shall be prohibited.” Article 40 One article stipulates that registered trademarks that violate Article 13 may apply for cancellation. There are still some gaps between my country's special protection provisions for well-known trademarks and the content of the aforementioned international conventions. Neither the Paris Convention nor Trips is limited to registered trademarks. Unregistered trademarks that constitute well-known trademarks are equally protected. my country’s Trademark Law also stipulates that unregistered well-known trademarks can be protected, but the specific protection content is treated differently depending on whether they are registered in my country. For the same or similar goods or services, as long as the copying, imitation or translation is likely to cause confusion, regardless of whether it has been registered in China, the well-known trademark has absolute expansionary effect and is prohibited from registration and use. If it has been registered, the reasons for cancellation are can be established; for different or dissimilar goods or services, there is only a well-known trademark that has been registered in China, and the copying, imitation or translation behavior reaches the extent of misleading the public, causing the rights of the well-known trademark registrant to be damaged. , only well-known trademarks have absolute expansion effect. Although they constitute well-known trademarks, but have not been registered in China, they have no expansion effect. They cannot resist the registration of different or dissimilar goods or services, nor can they apply for cancellation of registration. Unfair use of the high commercial reputation of a well-known trademark without justifiable reasons may damage the distinctiveness of the well-known trademark or affect its reputation. Attempting to obtain benefits by unfair means that cause confusion is also an act of unfair competition, even if it has been registered. The owner of a well-known trademark can still exercise the right to request cancellation, and well-known trademarks have stronger prohibitive effect due to special legal protection. Conclusion: The principle of good faith is the basic principle of civil and commercial law. Industrial and commercial business activities cannot be separated from the control of good faith, and the acquisition of trademark registration rights is no exception. The behaviors of "malicious preemptive registration" and "unfair use of well-known trademarks to cause confusion" are violations of the law. The principle of good faith and obtaining benefits through unfair competition. Although a registered trademark that infringes upon prior rights does not require bad faith as a condition, it conflicts with vested rights and realizes benefits at the expense of the legitimate rights of others. Trademark rights have not found sufficient justification for the law to make this choice. Malicious preemptive registration, infringement of prior rights, and unfair use of well-known trademarks to cause confusion are all registered trademarks because there are serious flaws in the foundation for the establishment of rights. The legal cancellation system for improperly registered trademarks is only a remedy, with the purpose of restoring a fair state of interests. , but it is an effective and fundamental way for stakeholders. Trademark cancellation