Legal subjectivity:
The prohibited conditions for registered trademarks are: 1. It cannot conflict with other prior rights; 2. The logo applied for registration should belong to words, graphics, letters, Numbers, three-dimensional logos, color combination logos, etc., as well as combinations of the above elements; 3. Other conditions. Legal objectivity:
The termination of a registered trademark, also known as the termination of trademark rights, means that the owner of a registered trademark loses the trademark rights under certain circumstances and no longer enjoys the protection of the trademark by law. If the original trademark owner has lost the exclusive right to use the trademark, and another person is approved to register an identical or similar trademark, if the original registrant continues to use the registered trademark, he will be accused of infringing the exclusive right of the trademark of others. However, Article 32 of the Trademark Law stipulates: “If a registered trademark is revoked or is not renewed upon expiration, within one year from the date of cancellation or cancellation, the Trademark Office shall not accept any application for registration of a trademark that is identical or similar to the trademark. Approval. "This provision is made to take into account that a registered trademark that has been revoked or canceled may continue to exist in the circulation field for a period of time, so as not to cause consumers to misunderstand the goods. Circumstances when a registered trademark is terminated: Just like the acquisition of trademark rights, when certain legal facts arise, or when the trademark owner engages in corruption in exercising his rights, or violates relevant provisions of trademark laws, the trademark rights will be lost. my country's Trademark Law stipulates the circumstances in which the transferor or decedent loses the trademark rights due to legal transfer or corrupt inheritance; it also stipulates the various situations in which the Trademark Office cancels or revokes the original registered trademark, thereby causing the loss of trademark rights. A registered trademark is terminated due to cancellation or revocation. The trademark registration by the Trademark Office is generally due to changes in circumstances and the emergence of certain conditions, which automatically terminates the trademark rights; the Trademark Office revokes the registered trademark because the trademark owner has illegally used the trademark and is subject to an administrative treatment, which is a forced termination. The former means that the trademark owner voluntarily gives up his rights, while the latter means that the production management authority deprives the parties of their rights in accordance with the law. (1) Termination due to cancellation of registered trademark. According to the provisions of the Trademark Law, the Trademark Office may cancel a registered trademark under one of the following circumstances: First, the trademark validity period has expired, the extension period has passed, and the trademark owner still does not apply for renewal registration, or even applies for renewal but has not been approved; secondly, the owner of the registered trademark voluntarily applies to give up the trademark rights and goes through the cancellation procedures with the Trademark Office; thirdly, the enterprise as the trademark owner is disbanded or the citizen dies, and no one claims to inherit it within the time specified by law its registered trademark. (2) Termination due to cancellation of registered trademark. According to the relevant provisions of the Trademark Law and its implementing rules, when one of the following circumstances occurs, the Trademark Office may forcibly cancel a registered trademark: ① The registered trademark violates the prohibition clause; ② The text, graphics or combination of the registered trademark is changed without authorization , and refuses to correct; ③ Transfer the trademark on your own without signing a transfer contract as required; ④ Stop using the registered trademark for three consecutive years; ⑤ Change the name, address or other matters of the trademark registrant on your own; ⑥ Change the approved goods Shoddy manufacturing, passing off as good quality, harming the interests of consumers; ⑦ The trademark registrant illegally sells his registered trademark logo; ⑧ The trademark owner illegally permits others to use his registered trademark; ⑨ By deceptive means or other unfair means (such as Forging documents to defraud registration, applying for registration of a well-known trademark, etc.); ⑩ The Trademark Review and Adjudication Board makes a cancellation ruling on a disputed registered trademark. If the trademark has been revoked due to the above reasons, if the party concerned is dissatisfied, except for the 10th case, he or she may submit an "Application for Reconsideration of Improper Trademark Cancellation" to the Trademark Review and Adjudication Board within 15 days from the date of receipt of the cancellation notice. File an application for reconsideration. The Trademark Review and Adjudication Board will make a final decision, notify the applicant in writing, and transfer it to the Trademark Office for processing. Improperly registered trademarks that have been revoked shall be announced by the Trademark Office. The original trademark registrant shall submit the "Trademark Registration Certificate" to the Trademark Office within 15 days from the date of receipt of the decision or ruling notice. In accordance with the provisions of Article 25, Paragraph 5 of the Implementing Rules of the Trademark Law, any person who uses the prohibited content stipulated in Article 8 of the Trademark Law and uses deceptive means or other unfair means to defraud a registered trademark, as well as any violation of a registered trademark If there is a dispute and the Trademark Review and Adjudication Board decides that the dispute is established and the trademark is revoked, the exclusive right to use the trademark will be deemed to have ceased to exist from the beginning. Decisions or rulings to revoke a registered trademark shall not have retroactive effect on judgments or rulings on trademark infringement cases made by the People's Court and executed before the cancellation, and decisions on handling trademark infringement cases made and executed by the Industrial and Commercial Bank of China before the cancellation.
However, if the trademark registrant causes losses to others due to malicious intent, compensation shall be provided.