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What are the procedures for trademark invalidation?

Hello, Yuyang Intellectual Property will answer for you:

1. Procedure for the Trademark Office to declare a registered trademark invalid

The Trademark Office declares a registered trademark invalid according to the following procedures Procedures:

Firstly, if the Trademark Office makes a decision to declare a registered trademark invalid, it shall notify the parties in writing;

Secondly, if the parties are dissatisfied with the Trademark Office’s decision, they may receive Apply to the Trademark Review and Adjudication Board for review within 15 days from the date of notification;

Third, the Trademark Review and Adjudication Board shall make a decision within 9 months from the date of receipt of the application and notify the parties in writing. If there are special circumstances that require an extension of the review period, it can be extended for 3 months with the approval of the industrial and commercial administration department of the State Council; fourth, 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 30 days from the date of receipt of the notice. Prosecution.

2. Procedures for other units or individuals to request invalidation of registered trademarks

The procedures for other units or individuals to request invalidation of registered trademarks are:

First, others If an organization or individual requests the Trademark Review and Adjudication Board to declare the registered trademark invalid, it shall submit an application to the Trademark Review and Adjudication Board;

Second, after receiving the application, the Trademark Review and Adjudication Board shall notify the relevant parties in writing and file a reply within a time limit;

Third, the Trademark Review and Adjudication Board shall make a ruling to maintain the registered trademark or declare the registered trademark invalid within 9 months from the date of receipt of the application, and notify the parties in writing. If there are special circumstances that require an extension of the time limit, it can be extended for three months with the approval of the industrial and commercial administration department of the State Council;

Fourthly, 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;

Fifth, 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.