In recent years, trademark infringements such as malicious objections and malicious registration have occurred frequently. In order to protect legitimate trademark rights, the new Trademark Law not only restricts the subjects of trademark objections, but also highlights the simplification of the trademark confirmation procedure. The ruling result of the dispute is to use "declaration of invalidity" instead of the current "cancellation". So, under what circumstances can a registered trademark be declared invalid?

Article 44 of the new Trademark Law stipulates: A registered trademark violates Articles 10 and 11 of this Law , Article 12, or if the registration is obtained by deception or other improper 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. ?

According to this provision, the conditions for the Trademark Office to proactively declare a registered trademark invalid include two aspects.

First of all, the trademark contains signs or shapes that cannot be used as trademarks. Specifically, it includes three situations: First, the use of prohibited signs in Article 10 of this Law, including:

1. The country name, national flag, national emblem, national anthem, and military flag of the People's Republic of China , military emblems, military songs, medals that are the same or similar, as well as the names and logos of central state agencies, the names of specific places where they are located, or the names and graphics of landmark buildings;

2. Same as those of foreign countries The name, national flag, national emblem, military flag, etc. of the country are the same or similar, except with the consent of the government of that country;

3. The name, flag, emblem, etc. of the intergovernmental international organization are the same or similar, Except with the consent of the organization or if it is not likely to mislead the public;

4. Identical or similar to the official mark or inspection mark indicating the implementation of control and guarantee, except for authorized ones;

5. The same or similar name or symbol as the Red Cross or Red Crescent;

6. Ethnic discriminatory;

7. Deceptive Sex, which may easily cause the public to misunderstand the quality and other characteristics of the goods or their place of origin;

8. Harmful to socialist morals or have other adverse effects. At the same time, place names of administrative divisions at or above the county level or foreign place names known to the public shall not be used as trademarks; except where the place names have other meanings or are part of collective trademarks or certification marks; registered trademarks using place names will continue to be valid. The second is the use of trademarks prohibited as trademark registration marks in Article 11 of this Law, including:

1. Only the common name, graphics, and model of the product;

2. Only directly express the quality, main raw materials, functions, uses, weight, quantity and other characteristics of the goods;

3. Other lack of distinctive features. However, if the marks listed in the above three categories have acquired distinctive features through use and are easy to identify, they can be registered as trademarks. The third is the use of trademarks with shapes prohibited from registration in Article 12 of this Law. For example, if a trademark is applied for registration with a three-dimensional mark, the shape is only caused by the nature of the goods themselves, the shape of the goods is necessary to obtain technical effects, or makes the goods substantial. The shape of the value must not be registered.

Secondly, trademark registration is obtained by deception or other unfair means. Trademark experts said that the so-called deceptive means means that the applicant obtains trademark registration by fabricating, concealing the truth, or forging application forms and related documents. The so-called "other unfair means" means that the applicant uses other unfair means other than deception, such as giving benefits to the person in charge to obtain trademark registration.

According to this law, the Trademark Review and Adjudication Board can also passively declare the trademark invalid in the above circumstances. However, Article 45 of the new Trademark Law stipulates that any registered trademark that violates Article 13, paragraph 2 and 3, Article 15, Article 16, paragraph 1, and Article 30 of this Law shall , Article 31, and Article 32, only the prior rights holder or interested party can request the Trademark Review and Adjudication Board to declare invalidation. Other units and individuals have no right to request invalidation, and the Trademark Office also has no right to declare it invalid. invalid.