According to the relevant provisions of my country’s Trademark Law and its implementing regulations, registered trademarks can be canceled on application and ex officio. The main situations are:
(1) For a registered trademark, if the following circumstances occur, the Trademark Office will cancel the registered trademark, and other units and individuals may request the Trademark Review and Adjudication Board to rule on canceling the registered trademark:
p>1. Using a mark that cannot be used or registered as a trademark;
2. Obtaining registration by deception or other unfair means.
(2) If a registered trademark falls into the following circumstances, within five years from the date of trademark registration, the trademark owner or interested party may request the Trademark Review and Adjudication Board to rule on revoking the registered trademark. For those registered in bad faith, the owner of a well-known trademark is not subject to the five-year time limit:
1. Copying, imitating or translating someone else’s well-known trademark that has not been registered in China, which is likely to cause confusion
2. Copying, imitating or translating someone else’s well-known trademark that has been registered in China, misleading the public, causing the interests of the well-known trademark registrant to be damaged;
3. Without authorization, the agent Or the representative registers the trademark of the principal or represented person in his own name, and the principal or represented person raises an objection;
4. The trademark contains a geographical indication of a commodity, and the trademark The product does not come from the area indicated by the mark and misleads the public. However, this does not apply to those who have obtained registration in good faith;
5. Applying for trademark registration damages the existing prior rights of others, or uses unfair means to preemptively register a trademark that is already used by others and has a certain influence.
In addition, if a trademark has been registered for three years and there is no evidence of use or the subject has changed, others can also apply for cancellation.