Declaration of invalidation of trademark registration

Why is the registered trademark invalid? What is the reason for the ineffectiveness? Bian Xiao shared the sorted invalid declaration of trademark registration with everyone for reference only!

What are the reasons why trademark registration is invalid in trademark law?

According to Article 4 1 of China's Trademark Law, the reasons for invalidity include:

(A) the lack of 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 invalid, and anyone may request the Trademark Review and Adjudication Board to rule that the registered trademark is invalid. This provision aims at protecting public interests, public order and good habits and should be retained. We can learn from 1993 "Detailed Rules for the Implementation of the Trademark Law" Article 25 (1), including? Cheating? Is that clear? Fictitious, concealing the real situation or forging application documents and relevant registration documents? . For example, natural persons forge business qualification documents to apply for registered trademarks.

(2) Infringement of prior trademark rights and other prior rights.

1. Infringe the trademark right of others who applied for registration in advance. 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. Article 29 of the Regulations? Trademark registrant who applied for registration earlier? And then what? Registered trademark? What will be the legislative language? A trademark that has been applied for before but is still in the process of rejection, review and objection, but has not been registered? Exclusion from the scope of disputes is not conducive to protecting the right to apply for trademarks earlier. ? This revision of the Trademark Law should give the prior trademark applicant the procedural right to file a 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, as stipulated in the preceding paragraph of Article 3 1 of the Trademark Law? 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. In addition, in the case of judicial review of administrative rulings, the same conflict of rights may be required. Can the third trial (administrative trial, judicial trial) or the fourth trial (if the objection procedure is followed) 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) Violating honest business practices.

Anyone who applies for a registered trademark violates honest industrial and commercial habits and infringes on the interests of others in the competition law, which constitutes the reason for the invalidation of trademark rights. 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:

1, infringing on the rights and interests of well-known trademarks. That is, there are two situations stipulated in Article 13 of the Trademark Law: 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. This towel? Plagiarism, imitation or translation? Just a means? Easily lead to chaos? And then what? Misleading the public. So that the interests of well-known trademark registrants may be harmed? Is the result, as long as this result should be stopped, and should not consider the means. 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. Besides,? Copy, imitate, translate? Means such as itself is enough to show that registration is subjectively malicious. However, the second paragraph of Article 4 1 stipulates? For malicious registration, the owner of a well-known trademark is not limited by five years? It is obviously unreasonable for the owner of a well-known trademark to raise a dispute on the basis of these provisions. It is necessary to prove that the registrant of the disputed trademark has adopted the means stipulated in Article 13 and that the registrant is subjective and malicious. Therefore, this paper suggests deleting the description of means and modifying it to? The trademark applied for registration is the same as or similar to a well-known trademark that others have not (have) registered in China. .

2. An agent or representative of a registered trademark. That is, as stipulated in Article 15 of the Trademark Law? Without authorization, the agent or representative registers the trademark of the principal or representative in his own name? . What are the provisions of China law and Paris Convention? There are three obvious differences: first, the terms are different. Paris convention is used? Trademark owner? What is the concept corresponding to China law? Principal or principal? In practice, this term has been ambiguous. ? Second, the protection methods are different. Our country's law only stipulates? If the principal or the principal objects, the registration shall be refused and the use shall be prohibited? ; The Paris Convention not only gives the client or representative the right to raise objections and cancel the registration, but also requires that the registration be transferred to his own name if the laws of the member States permit. Third, there are no exceptions. The Paris Convention stipulates that agents or representatives can prove their actions are justified, but there is no similar provision in our laws. Therefore, it can be improved by referring to the provisions of public tension in Paris.

3. Misleading the public with geographical indications. Paragraph 1 of Article 16 of the Trademark Law? There are geographical indications of goods in trademarks, and the goods are not from the area marked by the marks, 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 last paragraph of Article 3 1 of the Trademark Law? Preempt the registration of a trademark that has been used by others and has certain influence by unfair means? . The so-called certain influence refers to being 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, Article 4l of the Trademark Law? In the money? Other improper registration behavior? Meaning? 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 consequences of invalid trademark right

Once a registered trademark is declared invalid and revoked, the trademark right is regarded as nonexistent from the beginning. The decision or ruling on the cancellation of a registered trademark has no retrospective effect on the judgment or ruling on trademark infringement cases made and executed by the people's court before the cancellation, the decision on the handling of trademark infringement cases made and executed by the administrative department for industry and commerce, and the trademark transfer or use license contract that has been performed; However, if a trademark registrant maliciously causes losses to others, it shall make compensation.

Procedures for applying for invalidation of trademark rights

Corresponding to the different situations of invalid trademark rights, the procedures of invalid trademark rights are also different.

(a) there are two kinds of procedures for the invalidation of registered trademarks with obvious defects:

1. The Trademark Office may voluntarily revoke the registered trademark ex officio;

2. Other entities or individuals may request the Trademark Review and Adjudication Board to make an order to revoke the registered trademark.

(2) For an improperly registered trademark, within five years from the date of trademark registration, the trademark owner or interested party may request the Trademark Review and Adjudication Board to cancel the registered trademark. For malicious registration, the owner of a well-known trademark is not limited by five years.

(3) Where there is a dispute over a registered trademark, the owner of the previously registered trademark may, within five years from the date when the disputed trademark is approved for registration, apply to the Trademark Review and Adjudication Board for ruling on the registered trademark after cancellation.

For a trademark that has been challenged and ruled before the registration is approved, it shall not apply for a ruling to cancel the registered trademark on the same facts and reasons.

After the Trademark Review and Adjudication Board decides to maintain or cancel a registered trademark, it shall notify the parties concerned in writing. 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.

What should we pay attention to in trademark examination?

Trademark re-examination refers to the legal procedure that the Trademark Review and Adjudication Board re-examines the request for re-examination made by the parties who refuse to accept the decision made by the Trademark Office on trademark-related matters.

I. Types of trademark examination:

1, the party concerned refuses to accept the reexamination of the Trademark Office's rejection of the trademark registration application;

2, the parties to the Trademark Office refused to accept the application for transfer of a registered trademark review;

3. The party concerned refuses to accept the application for renewal of a registered trademark rejected by the Trademark Office;

4, the parties to the Trademark Office objection ruling review;

5. The party concerned refuses to accept the reexamination of the cancellation of the registered trademark by the Trademark Office;

6, the parties to the Trademark Office to cancel the registration of improper trademark review;

Second, the review time

The applicant may, within 15 days from the date of receiving the notice of rejection, ruling or revocation, request the Trademark Review and Adjudication Board for reexamination. If there are special reasons, you can apply for an extension before the expiration, and the extension time is 30 days, but you need to pay the extension request fee.

Iii. Documents and materials to be provided:

1. power of attorney for trademark agency: if a trademark agency is entrusted, a power of attorney sealed by the applicant shall be provided. Applicants from outside the mainland who apply for trademark reexamination in China must entrust a trademark agency.

2. Various applications for re-examination: If an agency is entrusted to apply for trademark re-examination, it shall be submitted by the agency.

3. Reasons and evidential materials

Fourth, review the ruling.

The Trademark Review and Adjudication Board shall make a final ruling on whether to approve or not to register the rejected or objected registration, and notify the parties concerned in writing.

The Trademark Review and Adjudication Board shall make a final ruling on maintaining or revoking the trademark for other review, and notify the parties concerned in writing.

The above is the declaration of invalidation of trademark registration provided by Bian Xiao. I hope it will help you.

Did you get a look at him? Declaration of invalidation of trademark registration? People also see:

1. trademark objection process and time

2.20 16 registered trademark process

3. The registered trademark process and charging standard

4. The process and cost of trademark registration

How long does it take to register a trademark?

6. The specific process of international trademark registration

7. The process and matters needing attention of trademark lease

8. Time for applying for trademark license

9. When is the filing time of the trademark license?

10. Trademark rejection time

Bajie: China's trademark transaction leads the transfer of brand trademarks. 14 focuses on trademark transfer and trademark registration agency services, and the amount of trademark registration and transfer is far ahead in China! Trademark registration is convenient, the trademark transfer process is smooth, and you can buy and sell trademarks by looking for Bajie! The service scope covers the domestic municipalities: Beijing, Shanghai, Tianjin, Chongqing, North China, Hebei:, Shijiazhuang, Tangshan, Qinhuangdao, Handan, Xingtai, Baoding, Zhangjiakou, Chengde, Cangzhou, Langfang, Hengshui, Shanxi:, Taiyuan, Datong, Yangquan, Changzhi, Jincheng, Shuozhou, Jinzhong, Yuncheng, Xinzhou, Linfen. Xing 'an, Xilin Gol, Alashan, Northeast China and Liaoning:, Shenyang, Dalian, Anshan, Fushun, Benxi, Dandong, Jinzhou, Yingkou, Fuxin, Liaoyang, Panjin, Tieling, Chaoyang, Huludao, Jilin:, Changchun, Jilin, Siping, Liaoyuan, Tonghua, Baishan, Songyuan, Baicheng, Yanbian and Heilongjiang. East China, Jiangsu, Nanjing, Wuxi, Xuzhou, Changzhou, Suzhou, Nantong, Lianyungang, Huai 'an, Yancheng, Yangzhou, Zhenjiang, Taizhou, Suqian, Zhejiang, Hangzhou, Ningbo, Wenzhou, Jiaxing, Huzhou, Shaoxing, Jinhua, Quzhou, Zhoushan, Taizhou, Lishui, Anhui, Hefei and Wuhu. Xiamen, Putian, Sanming, Quanzhou, Zhangzhou, Nanping, Longyan, Ningde, Jiangxi, Nanchang, Jingdezhen, Pingxiang, Jiujiang, Xinyu, yingtan, Ganzhou, Ji 'an, Yichun, Fuzhou, Shangrao, Shandong, Jinan, Qingdao, Zibo, Zaozhuang, Dongying, Yantai, Weifang, Weihai, Jining, Taian. Anyang, Puyang, Xuchang, Luohe, Sanmenxia, Nanyang, Shangqiu, Xinyang, Zhoukou, Zhumadian, Hubei:, Wuhan, Huangshi, Xiangfan, Shiyan, Jingzhou, Yichang, Jingmen, Ezhou, Xiaogan, Huanggang, Xianning, Suizhou, Enshi, Hunan:, Changsha, Zhuzhou, Xiangtan, Hengyang, Shaoyang and Yueyang. Maoming, Zhaoqing, Huizhou, Meizhou, Shanwei, Heyuan, Yangjiang, Qingyuan, Dongguan, Zhongshan, Chaozhou, Jieyang, Yunfu, Guangxi, Nanning, Liuzhou, Guilin, Wuzhou, Beihai, Fangchenggang, Qinzhou, Guigang, Yulin, Baise, Hezhou, Hechi, Laibin, Chongzuo, Hainan, Haikou and Sanya. Meishan, Ya 'an, Bazhong, Ziyang, Aba, Ganzi, Liangshan, Guizhou:, Guiyang, Liupanshui, Zunyi, Anshun, Tongren, Bijie, Southwest Guizhou, Southeast Guizhou, Qiannan, Yunnan:, Kunming, Qujing, Yuxi, Baoshan, Zhaotong, Lijiang, Pu 'er, Lincang, Wenshan, Honghe, Xishuangbanna, Yunnan. Baoji, Xianyang, Weinan, Yan 'an, Hanzhong, Yulin, Ankang, Shangluo, Gansu, Lanzhou, Jiayuguan, Jinchang, Baiyin, Tianshui, Wuwei, Zhangye, Pingliang, Jiuquan, Qingyang, Dingxi, Longnan, Linxia, Gannan, Qinghai, Xining, Haidong, Haibei, Huangnan, Hainan and Guoluo. Kizilsu Kirgiz, Bayinguoleng Mongolia, Changji, Bortala Mongolia, Ili Kazak, Tacheng, Altay, Hong Kong, Macao and Taiwan:, Hong Kong, Macao, Taiwan Province Province (Taipei, Kaohsiung, Keelung, Taichung, Tainan, Hsinchu and Chiayi), Beijing (Beijing), Tianjin (Tianjin) and Hebei (Hebei). Zhejiang (Zhejiang) Anhui (Anhui), Fujian (Fujian), Jiangxi (Jiangxi), Shandong (Shandong), Henan (Henan), Hubei (Hubei), Hunan (Hunan), Guangdong (Guangdong), Guangxi Zhuang Autonomous Region (Guangxi), Hainan (Qiong) and Chongqing (Chongqing). Ningxia Hui Autonomous Region (Ning), Taiwan Province Province (Taiwan Province), Xinjiang Uygur Autonomous Region (New), Hong Kong Special Administrative Region (Hong Kong) and Macao Special Administrative Region (Macau) Abroad: United States, China, Japan, Germany, France, Britain, Brazil, India, Russia, Italy, Canada, Australia, Oceania, Spain, South Korea, Mexico, Indonesia, Turkey, India. Thailand, South Africa, Austria, Colombia, United Arab Emirates, Venezuela, Malaysia, Denmark, Nigeria, Chile, Singapore, Egypt, China, Hong Kong, Israel, Philippines, Finland, Pakistan, Greece, Kazakhstan, Algeria, Peru, Portugal, Ireland, Ukraine.