The process of an individual requesting the invalidation of a registered trademark.
1. Where any other entity or individual requests the Trademark Review and Adjudication Board to declare the registered trademark invalid, it shall apply to the Trademark Review and Adjudication Board;
2. After receiving the application, the Trademark Review and Adjudication Board shall notify the relevant parties in writing, file a reply within a time limit, and may handle the business of invalid trademark reply;
3. The Trademark Review and Adjudication Board shall decide to maintain the registered trademark or declare it invalid within 9 months, and notify the parties in writing. There are special circumstances need to extend the time limit, approved by the administrative department for Industry and Commerce of the State Council, can be extended for 3 months;
4. 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;
After accepting the lawsuit, the people's court shall notify the other party in the trademark review and adjudication procedure to participate in the lawsuit as a third party.
Three. Time limit for invalidation of trademark application
1 and 15 days: the trademark owner may apply to the trademark review and adjudication board for trademark reexamination within 15 days.
9 months: The Trademark Review and Adjudication Board shall make a review decision within 9 months, and it may be extended for 3 months under special circumstances.
3.30 days: If the audit fails, the owner may bring a lawsuit to the people's court within 30 days from the date of receiving the notice.
If a party refuses to accept the decision of the Patent Reexamination Board to declare the patent right invalid, it shall bring a lawsuit to the people's court within three months. After receiving the Notice of Trademark Invalidation, the parties concerned may apply to the Reexamination Board for trademark reexamination within 15 days, and the Reexamination Board shall make a reexamination decision within nine months. If a party refuses to accept the review decision, he may bring a lawsuit to the people's court within one month. After accepting the case, the people's court shall treat the party as a third party.
After the registration of a trademark, if an application is filed or other trademarks are invalid, the trademark will be declared invalid at this time, and once the trademark is declared invalid, the trademark will be invalid from its existence. In the process of trademark use, if the rights and interests of other trademarks are infringed, they will be liable for compensation.
The right to use a trademark after it is invalid is restricted to a certain extent. Once a trademark is declared invalid, its registrant will lose the right to use the trademark in commercial activities. Invalidation means that a trademark is deprived of its legal effect and can no longer enjoy the legal protection and exclusive rights and interests brought by the trademark. However, according to the laws of different jurisdictions, there may be exceptions to the right to use after the trademark is declared invalid. For example, some jurisdictions allow the right to use a trademark to continue to exist after it is declared invalid, but it is limited to the established business reputation and market position. Therefore, after the trademark is declared invalid, the registrant needs to consult a professional lawyer to understand the specific legal provisions and rights restrictions.
Legal basis:
Trademark law of People's Republic of China (PRC) (revised on 20 19);
Chapter I General Provisions Article 13 If a trademark holder who is well-known to the relevant public thinks that his rights have been infringed, he may request the protection of the well-known trademark in accordance with the provisions of this Law. A trademark applied for registration on the same or similar goods is a well-known trademark copied, imitated or translated by others, which is not registered in China. It is easy to cause confusion, so it is not registered and prohibited to be used. Where a trademark applied for registration on different or dissimilar goods is a well-known trademark registered by others in China, misleading the public and possibly harming the interests of the registrant of the well-known trademark, it shall not be registered and its use shall be prohibited.