The declaration of invalidity of a trademark right refers to a registered trademark that violates the provisions of Articles 10, 11, and 12 of the Trademark Law, or that has been registered by deception or other unfair 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 and three situations. The specific details are as follows:

1. Two aspects for declaring a registered trademark invalid:

< p>First of all, the trademark contains signs or shapes that cannot be used as trademarks. Secondly, only prior rights holders or interested parties can request the Trademark Review and Adjudication Board to declare invalidation. Other units and individuals have no right to request invalidation, including the Trademark Office, which also has no right to declare invalidation.

2. Three situations in which a registered trademark is declared invalid:

1. Use of signs prohibited from use in Article 10 of this Law, including:

(1 ) Identical or similar to the name, flag, national emblem, national anthem, military flag, military emblem, military anthem, medals of the People's Republic of China, as well as the name, logo of a central state agency, or the name or landmark of a specific location where it is located The name and graphics of the building are the same;

(2) The name, national flag, national emblem, military flag, etc. of a foreign country are the same or similar, except with the consent of the government of that country;

< p>(3) Identical or similar to the name, flag, emblem, etc. of an intergovernmental international organization, except with the consent of the organization or if it is not likely to mislead the public;

(4) Same as the name, flag, emblem, etc. that indicates the implementation of control, The guaranteed official signs and inspection marks are the same or similar, except those authorized;

(5) The names and signs of the "Red Cross" and "Red Crescent" are the same or similar;

(6) Ethnicly discriminatory;

(7) Deceptive and likely to cause the public to misunderstand the quality and other characteristics of the product or its origin;

< p>(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.

2. The use of trademarks prohibited as trademark registration marks in Article 11 of this Law includes:

(1) Only the common name, graphics, and model of the product;< /p>

(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.

3. Use of trademarks in shapes prohibited from registration in Article 12 of this Law.

For example, if you apply for a registered trademark with a three-dimensional mark, the shape that is solely caused by the nature of the product itself, the shape of the product that is necessary to obtain technical effects, or the shape that makes the product of substantial value shall not be registered.

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