Current location - Trademark Inquiry Complete Network - Trademark registration - Why is a trademark invalid?
Why is a trademark invalid?

Legal analysis: There are several reasons for trademark invalidation:

1. Absolute reasons: If a registered trademark does not have visibility, distinctiveness and legality, , can be declared invalid. In addition, "obtaining registration by deception or other unfair means" is also a reason for trademark invalidation.

2. Relative reasons: The reason why a trademark right is relatively invalid is that the trademark right conflicts with previously acquired rights or other legitimate rights and interests. It mainly includes: invalidation due to conflict with others’ prior rights; invalidation due to infringement of others’ well-known trademark rights; invalidation due to preemptive registration of others’ unregistered trademarks; invalidation due to violation of agency or representative regulations.

Legal basis: "Trademark Law of the People's Republic of China"

Article 44 A registered trademark violates Articles 4, 10 and 1 of this Law. Article 11, Article 12, Article 19, Paragraph 4, or if the registration is obtained by deception or other unfair means, the Trademark Office shall declare the registered trademark invalid; other units or individuals may request trademark review The Board declared the registered trademark invalid. When the Trademark Office makes a decision to declare a registered trademark invalid, it shall notify the parties concerned in writing. If the party concerned is dissatisfied with the decision of the Trademark Office, he may apply to the Trademark Review and Adjudication Board for review within fifteen days from the date of receipt of the notice. The Trademark Review and Adjudication Board shall make a decision within nine months from the date of receipt of the application and notify the parties in writing. If there are special circumstances that require an extension, it can be extended for three months with the approval of the industrial and commercial administration department of the State Council. If the party concerned is dissatisfied with the decision of the Trademark Review and Adjudication Board, it may file a lawsuit with the People's Court within thirty days from the date of receipt of the notice. If other units or individuals request the Trademark Review and Adjudication Board to declare a registered trademark invalid, the Trademark Review and Adjudication Board shall, after receiving the application, notify the relevant parties in writing and file a reply within a time limit. The Trademark Review and Adjudication Board shall make a ruling to maintain the registered trademark or declare the registered trademark invalid within nine months from the date of receipt of the application, and notify the parties in writing. If there are special circumstances that require an extension, it can be extended for three months with the approval of the industrial and commercial administration department of the State Council. If the party concerned is dissatisfied with the ruling of the Trademark Review and Adjudication Board, it may file a lawsuit with the People's Court within thirty days from the date of receipt of the notice. The people's court shall notify the other party in the trademark adjudication procedure to participate in the litigation as a third party.

Article 45 A registered trademark violates paragraphs 2 and 3 of Article 13, Article 15, Paragraph 1 of Article 16, Article 30, As stipulated in Articles 31 and 32, within five years from the date of trademark registration, the prior right holder or interested party may request the Trademark Review and Adjudication Board to declare the registered trademark invalid. For cases registered in bad faith, the owner of a well-known trademark is not subject to the five-year time limit. After receiving an application to declare a registered trademark invalid, the Trademark Review and Adjudication Board shall notify the relevant parties in writing and file a reply within a time limit. The Trademark Review and Adjudication Board shall make a ruling to maintain the registered trademark or declare the registered trademark invalid within twelve months from the date of receipt of the application, and notify the parties in writing. If there are special circumstances that require an extension, it can be extended for six months with the approval of the industrial and commercial administration department of the State Council. If the party concerned is dissatisfied with the ruling of the Trademark Review and Adjudication Board, it may file a lawsuit with the People's Court within thirty days from the date of receipt of the notice. The people's court shall notify the other party in the trademark adjudication procedure to participate in the litigation as a third party. When the Trademark Review and Adjudication Board is reviewing a 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 outcome of another case that is being heard by the people's court or is being handled by the administrative agency, the review may be suspended. . After the reasons for the suspension are eliminated, the review process should be resumed.

Article 47 A registered trademark declared invalid in accordance with the provisions of Articles 44 and 45 of this Law shall be announced by the Trademark Office, and the exclusive right to use the registered trademark shall be deemed to have been valid from the beginning. Doesn't exist. Decisions or rulings declaring a registered trademark invalid, judgments, rulings, and mediation documents on trademark infringement cases made and executed by the People's Court before the invalidation, and decisions on handling trademark infringement cases made and executed by the industrial and commercial administration departments, as well as The executed trademark transfer or licensing contract does not have retroactive effect. However, compensation shall be provided for losses caused to others due to the bad faith of the trademark registrant. If the trademark infringement compensation, trademark transfer fees, and trademark usage fees are not returned in accordance with the provisions of the preceding paragraph, which obviously violates the principle of fairness, all or part of the compensation shall be returned.