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What is improper deregistration and how to apply?

Answer Anyone who thinks that a trademark approved and registered by the Trademark Office falls within the provisions of Article 8 of the Trademark Law, or that the trademark registration was obtained by deception or other unfair means, can entrust our firm to handle the matter in accordance with the law. Apply to the Trademark Review and Adjudication Board to cancel its registered trademark. Improper trademark registration based on examination errors or due to deception or other unfair means by the trademark registration applicant can be revoked through two procedures. One is that the Trademark Office revokes it ex officio; the other is that the Trademark Review and Adjudication Board revokes it at the request of others. Regardless of whether it is the Trademark Office's decision to cancel an improper registration or the Trademark Review and Adjudication Board's final decision to cancel an improperly registered trademark or a disputed trademark, the Trademark Office will handle the cancellation procedures after it takes effect. Cancel the registration of the trademark in the trademark file, withdraw the "Trademark Registration Certificate", and publish it in the announcement. The main cases of improper registration include: (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 cancellation of an improperly registered trademark refers to a document submitted to the Trademark Review and Adjudication Board for cancellation of a trademark approved for registration by the Trademark Office, which is considered improperly registered. Article 42 of the Trademark Law stipulates that for a trademark that has been opposed and adjudicated before registration is approved, no further application for adjudication is allowed based on the same facts and reasons. This is because when making a ruling on a trademark objection, the Trademark Office or the Trademark Review and Adjudication Board has already reviewed the facts and reasons for the objection and made a ruling on the trademark objection. After trademark registration, if a trademark dispute and application for ruling are submitted to the Trademark Review and Adjudication Board with the same facts and reasons, if the Trademark Review and Adjudication Board will accept the application, it will result in repeated examination of the same facts and reasons, and may even deny the already effective Trademark Office decision. or the legal effect of the Trademark Review and Adjudication Board’s ruling. Therefore, if the party concerned has raised an objection and obtained a ruling before the trademark is approved for registration, he may not apply for a ruling again based on the same facts and reasons. Therefore, the Trademark Review and Adjudication Board will not accept the application submitted by Factory A for the same reason. However, if there are new facts and reasons, you can also apply for a dispute ruling, and the Trademark Review and Adjudication Board shall accept it. If you have any improper application for cancellation, please contact us online. Trademark cancellation