1) Prepare the application for invalidation.
The documents required for the application for invalidation shall be placed and bound in the following order: (in duplicate)
1. Application for invalidation of registered trademark (home page);
2. Review the list of materials;
3. Application for invalidation of a registered trademark (text);
4. Copies of the preliminary examination and approval dispute announcement page and registration announcement page;
5. Power of attorney for trademark agency (if a trademark agency is entrusted, a power of attorney shall be signed);
6, the applicant's main qualification documents;
7. List of evidence and evidence materials.
2) Submit an application for invalidation to the Trademark Review and Adjudication Board.
The applicant or agent shall submit the relevant documents of the application for invalidation to the Trademark Review and Adjudication Board, and pay the trademark review and adjudication fee of 750 yuan.
3) Acceptance by the Commercial Review Committee
After formal examination, the Trademark Review and Adjudication Board will issue an acceptance notice to the application for invalidation that meets the acceptance conditions, and notify the respondent of invalidation to reply. There is an evidence exchange procedure in the process of invalidation, and both parties check the reasons and evidence with each other.
4) The Trademark Review and Adjudication Board makes a ruling.
The Trademark Review and Adjudication Board shall, after listening to the statements of the parties and reviewing the relevant evidence, make an order to maintain the registered trademark or declare it invalid. If a party refuses to accept the ruling of the Trademark Review and Adjudication Board, he may bring a lawsuit to the people's court within 30 days from the date of receiving the notice.
II. Time limit for invalidation of trademark application:
1 and 15 days: the trademark owner may apply to the trademark review and adjudication board for trademark reexamination within 15 days.
9 months: The Trademark Review and Adjudication Board shall make a review decision within 9 months, and it may be extended for 3 months under special circumstances.
3.30 days: If the audit fails, the owner may bring a lawsuit to the people's court within 30 days from the date of receiving the notice.
No one will apply to the Trademark Review and Adjudication Board for invalidation of the other party's trademark without any certainty. Be sure to make full preparations before applying. Moreover, the matter of declaring a trademark invalid is very complicated, and the parties can hand it over to an agency to complete it. Because we can't keep wasting time on this matter and delay other work.
Extended reading:
What are the ways and requirements for identifying well-known trademarks in China?
What are the criteria for judging the similarity of trademarks?
What is the process of trademark registration?