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How long does it take to declare a trademark invalid?

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Source: Legal Chart Compilation · 2024.02.20 · 2959 people have seen it
Guide: It takes one and a half to two years to declare a trademark invalid. The Trademark Review and Adjudication Board shall make a ruling to maintain or declare a registered trademark invalid within nine months, and notify the party concerned in writing. Under special circumstances, it may be extended for three months. If the party concerned is not satisfied 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 receiving the notice.
 How long does it take to declare a trademark invalid?

I trademark How long does the invalidation take?

It takes one and a half to two years for a trademark to be declared invalid, and the Trademark Review and Adjudication Board shall maintain it within nine months Registered trademark Or a ruling declaring the registered trademark invalid, and notifying the party concerned in writing. Under special circumstances, it may be extended for three months. If the party concerned is not satisfied 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 receiving the notice.

Trademark Law 》Chapter V Invalidation of Registered Trademarks

Article 44. Where a registered trademark violates the provisions of Articles 10, 11 and 12 of this Law, or has been registered by deception or other unfair means, the Trademark Office shall declare the registered trademark invalid; Other units or individuals may request the Trademark Review and Adjudication Board to declare the registered trademark invalid.

When the Trademark Office makes a decision to declare a registered trademark invalid, it shall notify the party concerned in writing. If the party concerned is not satisfied with the decision of the Trademark Office, it may, within 15 days from the date of receiving the notification, apply to the Trademark Review and Adjudication Board for reexamination. The Trademark Review and Adjudication Board shall, within nine months from the date of receiving the application, make a decision and notify the parties in writing. If the extension is necessary under special circumstances, it may be extended for three months with the approval of the administrative department for industry and commerce under the State Council. If the party concerned is not satisfied with the decision of the Trademark Review and Adjudication Board, it may bring a suit in the people's court within 30 days from the date of receiving the notification.

2、 Time period of application for trademark invalidation:

1. 15 days: If the trademark owner receives the notice of invalidation of the trademark, he can apply to the judges within 15 days Trademark review

2. 9 months: The judges shall make a decision on the review within 9 months, and may extend 3 months in case of special circumstances.

3. 30 days: If the review fails, the owner can file a lawsuit with the people's court within 30 days after receiving the notice litigation

After a unit or enterprise's right to use a trademark is infringed, it must take certain measures to reduce the economic losses caused by the infringement of the trademark. It is a very good administrative means to apply to the Trademark Administration Committee for invalidation of the trademark. The Trademark Committee will, according to the relevant certificates provided by the parties concerned, declare the trademark invalid within the specified time to protect the legal market Trademark right

After the establishment of any enterprise, it is very likely that it will set a trademark exclusive to a product belonging to the company, and the trademark itself is an intangible asset of the enterprise. Many consumers will identify the trademark first when purchasing goods, so the trademark, like the company name, needs to be original before it will be declared invalid.

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