The reasons for invalid trademark registration include the lack of absolute elements of trademark registration, infringement of prior trademark rights and other prior rights, and violation of honest business practices. , as follows; (I) There are no absolute requirements for trademark registration According to the first paragraph of Article 4 1 of the Trademark Law, the Trademark Office may voluntarily declare a registered trademark that lacks absolute requirements for registrability invalid, and anyone may request the Trademark Review and Adjudication Board to make a ruling to declare the registered trademark invalid. This provision aims at protecting public interests, public order and good habits and should be retained. We can learn from Item (1) of Article 25 of 1993 Detailed Rules for the Implementation of Trademark Law, and define "cheating" as "the act of fabricating, concealing the truth or forging application documents and relevant documents for registration". For example, natural persons forge business qualification documents to apply for registered trademarks. (2) Infringement of prior trademark rights and other prior rights (1) or infringement of other people's prior application for trademark registration. That is, the third paragraph of Article 43 of the Trademark Law and Article 29 of the Regulations for the Implementation of the Trademark Law stipulate that a registered trademark and a trademark previously applied by others constitute the same or similar trademark used on the same or similar goods. The legislative terms of "trademark registrant who applied for registration in advance" and "registered trademark" in Article 29 of the Regulations exclude "trademark which applied in advance but is still in the process of rejection, review and objection, but has not been registered" from the scope where disputes can be raised, which is not conducive to the protection of trademark rights applied in advance. The revision of the trademark law should give the prior trademark applicant procedural rights to the dispute. Disputes based on prior application for trademark rights shall be substantially tried after the final result of rejection and objection cases is reached. Otherwise, the trademark of the earlier application will be rejected or the preliminary examination and approval will be revoked, while the trademark of the later application and registration will be declared invalid, which is not conducive to the protection of the later applicant. 2. Infringe upon the prior rights other than the trademark rights of others. That is, the first paragraph of Article 3 1 of the Trademark Law stipulates that "the application for trademark registration shall not damage the prior rights enjoyed by others". The identification of prior rights (such as copyright) and infringement of prior rights is beyond the professional scope of trademark administrative adjudication institutions. Moreover, in the case of judicial review of administrative decisions, the same right conflict may require "three trials (administrative first instance, judicial second instance) or four trials (if the objection procedure is taken) to be final", resulting in a waste of administrative and judicial resources. When amending the Trademark Law, it may be considered that if the trademark applied for registration conflicts with other prior rights, the judicial procedure shall prevail, and the following provisions may be made: if the application for trademark registration infringes upon the prior rights of others and is determined by a court's effective judgment, the Trademark Office will reject the application or declare the registration invalid. On this basis, if the Trademark Office rejects the invalidation, it will execute the effective judgment. Without the invalidation procedure, the applicant or registrant may not bring a lawsuit. (3) Those who violate honest business practices and apply for a registered trademark violate honest business practices and infringe upon the interests of others, which constitutes the reason for the invalidity of trademark rights in the competition law. According to the second paragraph of Article 4 1 of China's Trademark Law, the cases where a registered trademark violates the principle of good faith include: l. Infringement of the rights and interests of well-known trademarks. Article 13 of the Trademark Law stipulates two situations: the trademark applied for registration on the same or similar goods is a well-known trademark copied, imitated or translated by others, which is easy to be confused; Trademarks applying for registration of different or similar goods are well-known trademarks that others have registered in China, misleading the public and possibly harming the interests of well-known trademark registrants. "Plagiarism, imitation or translation" in this article is just a means, which is "easy to cause confusion" and "misleading the public". In this way, the interests of well-known trademark registrants may be harmed. As long as this result is produced, it should be stopped and means should not be considered. This result is not produced by means, but the trademark applied for registration is the same or similar to the well-known trademark, and it may be the same or similar even if the above means are not adopted. Moreover, the means of "copying, imitating and translating" itself is enough to show that registration is subjectively malicious. 2. An agent or representative of a registered trademark. Article 15 of the Trademark Law stipulates that "an agent or representative registers the trademark of the principal or representative in his own name without authorization" 3. Misleading the public because it contains geographical indications. That is, the first paragraph of Article 16 of the Trademark Law stipulates that "there is a geographical indication of a commodity in a trademark, and the commodity does not come from the area marked by the indication, misleading the public". This provision plays an important role in protecting geographical indications that are not registered as collective trademarks or certification trademarks, and should be retained. Geographical indications that have been registered as collective trademarks or certification trademarks may be directly protected by applying the provisions of Article 28 of the Trademark Law. 4. Registered trademarks. That is, the second paragraph of Article 3 1 of the Trademark Law stipulates that "the trademark that has been used by others and has certain influence is registered first by unfair means". Known to the relevant public within a specific geographical scope. Trademarks with certain influence include trademarks that have never been registered and trademarks that have not been renewed but still have certain influence. Compared with Articles 13 and 15 of the Trademark Law, the owner (first user) of this trademark can only prohibit others from applying for registration and has no right to prohibit others from using it. Moreover, before the trademark is declared invalid, rob injection also has the right to prohibit the real trademark owner from using it, which is obviously extremely unfavorable for protecting the trademark owner. In order to fully protect the interests of trademark owners, they should be given the right to continue to use (without interference from the alleged infringement), prohibit the use of cybersquatters (to stop the unfair competition of cybersquatters) and request the transfer of registration (the trademark right belongs to the real obligee). 5. Obtaining registration by other improper means. According to the interpretation of Trademark Trial Standards, "malicious registration for the purpose of unfair competition and illegal interests". However, there are differences in this interpretation in practice at present, which should be revised and improved to eliminate ambiguity.

Legal objectivity:

Article 45 of the Trademark Law of People's Republic of China (PRC), if a registered trademark violates the provisions of Article 13, paragraphs 2 and 3, Article 15, Article 16, paragraph 1, Article 30, Article 31 and Article 32 of this Law, the prior obligee or interested party may request the Trademark Review and Adjudication Board to declare the registered trademark invalid within five years from the date of trademark registration. For malicious registration, the owner of a well-known trademark is not limited by five years. After receiving an application to declare a registered trademark invalid, the Trademark Review and Adjudication Board shall notify the parties concerned in writing and file a reply within a time limit. The Trademark Review and Adjudication Board shall, within 12 months from the date of receiving the application, decide to maintain the registered trademark or declare it invalid, and notify the relevant parties in writing. There are special circumstances that need to be extended, which can be extended for six months with the approval of the administrative department for industry and commerce of the State Council. 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. The people's court shall notify the other party to the trademark adjudication procedure to participate in the proceedings as a third party. In the process of examining the request for invalidation in accordance with the provisions of the preceding paragraph, if the determination of the prior rights involved must be based on the results of another case being tried by the people's court or being handled by the administrative organ, the Trademark Review and Adjudication Board may suspend the examination. After the reasons for suspension are eliminated, the review procedure shall be resumed.