Under what circumstances will a trademark be revoked?

A: Revocation of a registered trademark refers to a procedure in which the State Trademark Office or the Trademark Review and Adjudication Board makes a decision or ruling on acts that violate the Trademark Law and relevant provisions, so as to eliminate the exclusive right to use the original registered trademark. According to the provisions of Articles 41, 44 and 45 of China's Trademark Law, the Trademark Office or the Trademark Review and Adjudication Board may rule or order the cancellation of a registered trademark for legal reasons. Due to the different reasons for the revocation of registered trademarks, the revocation of registered trademarks can be divided into three types: improper use, improper registration and dispute revocation. 1, revocation of improper use refers to the situation that the registered trademark owner violates the obligation of fair use of the registered trademark and his registered trademark is revoked by the Trademark Office. (1) Reasons for revocation of improper use of registered trademarks. The revocation of improper use of a registered trademark is limited to a serious violation of the obligation of the registered trademark owner to use the registered trademark reasonably. The owner of a registered trademark shall bear the obligation to use the registered trademark reasonably and use the registered trademark in accordance with the requirements prescribed by law. The owner of a registered trademark is lazy in using the registered trademark or illegally uses the registered trademark, which constitutes improper use. According to the provisions of Articles 44 and 45 of the Trademark Law, the reasons why a registered trademark is revoked due to improper use include: a. changing the registered trademark on its own; B. Change the name, address or other registered items of a registered trademark; C. transfer the registered trademark by itself; Stop using the registered trademark for three consecutive years; D, using registered trademarks, shoddy goods, cheating consumers. (2) Review after the improper use of a registered trademark was revoked by the Trademark Office. According to the provisions of Article 49 of the Trademark Law, if a party refuses to accept the decision of the Trademark Office to revoke a registered trademark, he may apply to the Trademark Review and Adjudication Board for reexamination within 15 days from the date of receiving the notice, and the Trademark Review and Adjudication Board shall make a decision and notify the applicant in writing. 2. Improper cancellation of registration refers to the situation that the registered trademark owner applies for registration of a trademark that violates the prohibition of trademark composition, or obtains trademark registration by deception or other improper means and is revoked by the Trademark Office or the Trademark Review and Adjudication Board. According to the provisions of Article 41 of the Trademark Law, acts of improper cancellation of trademark registration can be divided into the following two categories: (1) Revocation of a registered trademark without time limit, that is, a registered trademark, which violates the provisions of Articles 10, 11 and 12 of the Trademark Law, or obtains registration by deception or other improper means, can be revoked no matter how long it has been registered. The reasons for the indefinite revocation of a registered trademark are as follows: a. The registered trademark uses the prohibited trademark logo. Any sign that is identical with or similar to the sign of public order and good customs as stipulated in Article 10 of the Trademark Law is a sign that is prohibited from being used. B, the use of registered trademarks lack of obvious signs. According to the provisions of Articles 11 and 12 of the Trademark Law, all marks that are indistinguishable from the nature, characteristics, quality or quantity of the goods themselves are marks that lack distinctiveness, except those that are marked after use and are easy to identify. Registered by deception or other improper means. Obtaining trademark registration by cheating or other improper means will directly damage the management order of the public, which is not allowed by social welfare and should be revoked. (2) Revocation of a registered trademark within a time limit. Where a registered trademark violates the provisions of Articles 13, 15, 16 and 31 of the Trademark Law, it may be revoked within five years from the date of registration because the owner or interested party of the registered trademark applies for a ruling by the Trademark Review and Adjudication Board. However, when the above-mentioned revocation reasons exist and the trademark owner maliciously registers, the well-known trademark owner requests to cancel the maliciously registered trademark, which is not limited by the five-year period. The main reasons for the cancellation of a registered trademark with a time limit are: a. Plagiarism, imitation and translation of registered trademarks of other people's well-known trademarks. The marks used in a registered trademark are copies, imitations or translations of other people's well-known trademarks, and shall be revoked. The agent abused his power to obtain trademark registration. Without authorization, the agent or representative registers the trademark of the principal or representative in his own name. Registered trademarks contain geographical indications. Where a registered trademark contains geographical indications of commodities, and the commodities using the trademark are not originated in the areas marked by the marks, thus misleading the public, it shall be revoked, unless the trademark owner has obtained registration in good faith. D the registered trademark infringes upon other prior rights of others. A registered trademark infringes upon the prior rights of others, including but not limited to the infringement of others' portrait rights, design patents, copyrights, unique names of well-known commodities, packaging and decoration of well-known commodities, and interests enjoyed by the owners of well-known unregistered trademarks. 3. Revocation of disputes means that a trademark registrant who enjoys the protection of prior registration may dispute the same or similar trademark registered on the same or similar goods in the future and request the Trademark Review and Adjudication Board to make a ruling to revoke the registered trademark in the future. According to Article 28 of the Regulations for the Implementation of the Trademark Law, the Trademark Review and Adjudication Board accepts the application for revocation due to improper registration as stipulated in Article 41 of the Trademark Law and the application for reexamination as stipulated in Article 49 of the Trademark Office. The Trademark Review and Adjudication Board shall review according to facts and laws. According to Articles 30 to 34 of the Regulations for the Implementation of the Trademark Law, the review procedure is as follows: (1) To apply for trademark review, an application shall be submitted to the Trademark Review and Adjudication Board, and the corresponding number of copies shall be submitted according to the number of the other party; Where an application for reexamination is made according to a written decision or ruling of the Trademark Office, a copy of the written decision or ruling of the Trademark Office shall also be attached. (two) after receiving the application, the Trademark Review and Adjudication Board shall accept it if it meets the acceptance conditions after examination; Do not meet the conditions for acceptance, shall not be accepted, notify the applicant in writing and explain the reasons; If it is necessary to make corrections, it shall notify the applicant to make corrections within 30 days from the date of receiving the notice. If it still does not meet the requirements after correction, the Trademark Review and Adjudication Board will not accept it, and notify the applicant in writing and explain the reasons; If no correction is made within the time limit, the application shall be deemed to have been withdrawn, and the Trademark Review and Adjudication Board shall notify the applicant in writing. (3) After accepting the application for trademark review, the Trademark Review and Adjudication Board shall reject it if it finds that it does not meet the acceptance conditions, and notify the applicant in writing and explain the reasons. (4) After accepting an application for trademark review, the Trademark Review and Adjudication Board shall promptly send a copy of the application to the other party, and shall give a reply within 30 days from the date of receiving the copy of the application; Failure to reply at the expiration of the time limit shall not affect the evaluation by the Trademark Review and Adjudication Board. (5) If a party needs to supplement relevant evidential materials after filing an application for review or defense, it shall state it in the application or defense, and submit it within 3 months from the date of submitting the application or defense; If it is not submitted at the expiration of the time limit, it shall be deemed as giving up the relevant evidence materials. (6) The Trademark Review and Adjudication Board may, at the request of the parties concerned or according to actual needs, decide to conduct a public examination of the application for re-examination. (7) If the Trademark Review and Adjudication Board decides to conduct a public review of the application for re-examination, it shall notify the parties in writing fifteen days before the public review, and inform the date, place and reviewers of the public review. The parties concerned shall make a reply within the time limit specified in the notice. (eight) if the applicant does not reply or participate in the public review, the application for review shall be deemed to have been withdrawn, and the Trademark Review and Adjudication Board shall notify the applicant in writing; If the respondent does not reply or participate in the public review, the Trademark Review and Adjudication Board may review by default. (9) Before the Trademark Review and Adjudication Board makes a decision or ruling, if the applicant requests to withdraw the application, he may explain the reasons in writing and withdraw the application; If the application is withdrawn, the examination procedure shall be terminated. If a party to the procedure for revoking a registered trademark in this paragraph refuses to accept the ruling of the Trademark Review and Adjudication Board, he may bring a suit in a people's court within 30 days from the date of receiving the notice. Where an application for revocation is filed by another person due to improper trademark registration or trademark dispute, the people's court shall notify the other party to the trademark adjudication procedure to participate in the proceedings as a third party. Trademark revocation