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What is the statute of limitations for filing a trademark invalidation declaration?

The time for filing a trademark invalidation declaration should be within 5 years after the trademark is successfully registered. Except for well-known trademarks, other common trademarks have been in use for 5 years since they were registered. If the so-called original trademark owner belatedly files an invalidation declaration, it is usually impossible for the Trademark Office to accept such an application.

1. How long is the statute of limitations for filing a trademark invalidation declaration? The statute of limitations for filing a trademark invalidation declaration is within five years from the date of approval of the registered trademark. For cases registered in bad faith, the owner of a well-known trademark is not subject to the five-year time limit. . Time period for trademark invalidation application: 1. 15 days: If the trademark owner receives the trademark invalidation notice, he can apply to the Trademark Review and Adjudication Board for trademark review within 15 days. 2. 9 months: The Trademark Review and Adjudication Board shall make a decision on the review within 9 months, and may be extended by 3 months if there are special circumstances. 3. 30 days: If the review fails, the owner can file a lawsuit with the People's Court within 30 days from the date of receipt of the notice.

2. Process for individuals to request to declare a registered trademark invalid 1. If other units or individuals request the Trademark Review and Adjudication Board to declare the registered trademark invalid, they shall submit an application to the Trademark Review and Adjudication Board; 2. The Trademark Review and Adjudication Board receives the application After that, the relevant parties shall be notified in writing and a reply shall be submitted within a time limit, and the trademark review and review board shall make a ruling within 9 months to maintain the registered trademark or declare the registered trademark invalid, and notify the parties in writing. If there are special circumstances that require an extension of the time limit, it can be extended by 3 months with the approval of the industrial and commercial administration department of the State Council; 4. 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 30 days from the date of receipt of the notice; 5. After accepting the lawsuit, the people's court shall notify the other party in the trademark adjudication procedure to participate in the lawsuit as a third party.

3. Several situations in which a trademark is invalid 1. The registered trademark violates the provisions of the Trademark Law: if it is not allowed to be used or registered as a trademark 2. The registration is obtained by unfair means 1. Infringes the prior rights of others: such as copyright, Civil rights such as design patent rights, portrait rights, name rights, trade name rights, etc. 2 Malicious registration: The trademark applicant violates the principle of good faith and intentionally registers other people's influential trademarks and well-known trademarks when applying for trademark registration. 3. Improper use of trademark: The trademark applicant uses the trademark improperly and infringes on the prior rights of others. In serious cases, the exclusive right to use the trademark will be revoked. 4. Trademark validity period: The validity period of a registered trademark is 10 years. Once 10 years have passed and the six-month extension period has passed, the trademark will be invalid. 5. The trademark has not been used for three years: If the trademark applicant has not used the trademark in the registered category within three years after registering the trademark, anyone can apply to the Trademark Office for cancellation of the trademark. Registering a trademark and filing a trademark invalidation declaration are actually relatively complicated. Generally speaking, although others can raise objections to trademarks that have been successfully registered with great difficulty, such so-called objections may not necessarily be supported by the law. . Moreover, it is very difficult to file a trademark invalidation declaration by yourself without entrusting an agency.