Can the trademark be snatched back by others for more than five years?

can a trademark be snatched back after being registered by others for more than five years? It is difficult to get it back after more than five years; Where a registered trademark violates the provisions of Article 13, paragraphs 2 and 3, Article 15, Article 16, paragraph 1, Article 3, Article 31 and Article 32 of the Trademark Law, within five years from the date of trademark registration, the prior obligee or interested party may request the Trademark Review and Adjudication Board to declare the registered trademark invalid. For malicious registration, the owner of a well-known trademark is not subject to a five-year time limit. What should I do if the trademark is registered by others? 1. I can raise an objection to the trademark that has not been registered successfully. If it is found that your trademark has been registered first by others, but the application of the cybersquatter has not been approved, you can remedy it by raising objections. According to the provisions of China's Trademark Law, an application for a trademark shall be initially examined by the Trademark Office of the State Administration for Industry and Commerce, and those who pass the examination shall enter the announcement period, and the announcement time shall be 3 months. In these three months, eligible subjects can raise trademark objections. Those start-up companies that have registered their trademarks can prepare evidence materials through professional trademark agencies and file trademark objections with the Trademark Office during these three months. 2. A trademark that has been successfully registered may apply for invalidation. If the registered trademark has been approved and registered after a three-month announcement period, the company may request the Trademark Review and Adjudication Board of the State Administration for Industry and Commerce to declare the registered trademark invalid in accordance with Article 45 of the Trademark Law. The Trademark Law has a five-year time limit for the application for invalidation, that is, if a trademark has been registered for more than five years, it cannot be applied for invalidation on the grounds of cybersquatting (well-known trademarks are not subject to this time limit). If any party refuses to accept the ruling of the Trademark Review and Adjudication Board, it may also bring an administrative lawsuit to the people's court. Forms of registered trademark registration (I) registered unregistered trademarks registered in China's trademark laws and regulations: if two or more applicants apply for registration with the same or similar trademarks on the same commodity or similar commodities, the trademark that applied earlier shall be preliminarily examined and announced, and the application of others shall be rejected without announcement. If there is no objection or the objection is not established within 3 months of the announcement period, the registration shall be approved. The trademark law of China does not give any exclusive right to unregistered trademark users. In the case that a trademark is used without registration, the trademark user has no right to prevent others from using the same or similar trademark on the same commodity, service or similar commodity or service or to apply for registration first. Only when the users and users of unregistered trademarks apply for registration on the same day, according to the current situation of trademark use and application for registration in China, the applicants who used earlier will be taken care of so that they can be registered. This scope is limited, it cannot restrict others from applying for registration, and it must not violate the principle of applying first. It is the right of the unregistered trademark user to choose not to apply for registration of the trademark he uses; If he did a lot of advertising for the unregistered trademark he used but didn't apply for it, or applied for trademark registration on the same or similar goods or services later than others, as a result, others applied for trademark registration first, which can only show that: 1. Independent decision led him to pay attention to one thing and lose sight of another; 2. The consciousness of trademark rights is weak. Of course, this can't provide him with legal protection. In countries where the exclusive right to use a trademark is registered, as long as the business entity has a strong sense of trademark rights and applies for trademark registration before or at the same time of using the trademark, there will be no preemptive registration of the trademark. The view that all the acts of preempting the registration of trademarks are illegal is essentially to advocate the use of the right to exclusive use of trademarks, thus fundamentally denying the system of exclusive use of trademarks by registration, which is contrary to the Trademark Law of China. China Trademark Law Article 32 An application for trademark registration shall not damage the existing prior rights of others, nor shall it preempt the registration of a trademark that has been used by others and has certain influence by unfair means. Therefore, it is conditionally confirmed that the act of preempting the registration of trademarks used by others first is prohibited by law. While adhering to the principles of registration and application first, the law has made reasonable adjustments to the absolute principle of application first. It is emphasized that the application must be based on the principle of good faith first, and it is not allowed to steal the trademarks that others have used and have established reputation as their own trademarks to apply for registration, which makes up for the defects of the absolute registration principle and prevents the occurrence of unfair situations in fact. (2) The registered trademark right of registered trademark registration is a right determined by national laws. However, due to geographical and time constraints, a trademark is protected in one or several specific countries or regions, but it cannot be protected in countries or regions other than the registered country or region. This may cause Party A to register trademark A in B goods or services in country C. If Party A fails to register the same application in country D, there may be a case where Party B applies for registration of trademark A or a trademark similar to trademark A in B goods or services or applies for registration in country D before Party A and gets approval. Although this kind of preemptive trademark registration seems to be morally debatable, there is nothing wrong with the registration in law. In the past, due to the relatively weak trademark awareness of China operators, the trademarks owned by them in China and having a certain or good reputation in some countries and regions were pre-registered by others in that country or region, which led to the inability of Chinese operators to use the original trademarks registered in China in that country or region and eventually withdrew from the market in that country or region; Or although the trademark continues to be used and occupies the market, it pays a high price to obtain the other party's transfer of trademark ownership; Others have to start a new "stove". I have suffered losses in economic interests, but I can't do anything about it legally. However, with the development of China's market economy, it is becoming more and more common for some domestic enterprises and individuals to register foreign well-known trademarks first in China in order to seek economic benefits. (III) The registered well-known trademark is more complicated than the unregistered trademark and registered non-well-known trademark. After a well-known trademark is registered by others in another country or region, whether the exclusive right to use the trademark of the original owner of the well-known trademark can be protected in that country or region ultimately depends entirely on the determination of the competent authority of the country or region requested for protection according to its own laws. If the preemptive registration of others is justified, the original trademark owner will lose the ownership of the trademark within his jurisdiction and cannot be protected; On the other hand, if you think that the registration is improper, you can get protection. (IV) Conflict of Rights To solve the conflict of rights of different types of intellectual property rights, the existing law has a basic principle, that is, the principle of protecting prior rights. This principle is the embodiment of the principle of fairness and good faith in civil law, and has specific provisions in patent law and trademark law. Judging from the current laws, regulations and rules, the rights and obligations arising from patent rights and trademark rights are regulated by different laws, and there is no distinction between those who are higher and those who are lower, and those who are stronger and weaker. If there is a conflict of rights, the principle of protecting prior rights will apply. To sum up, if there is definite evidence that a trademark is registered, the evidence is that its own trademark can be taken back, but the law also has a time limit, and it is difficult to be taken back after the time limit. Therefore, when producing a product, we must protect our own things well. Only by registering first and then selling can we better protect our legitimate rights and interests.