Conditions and time limit for invalidation of trademarks

1、 Necessary conditions for applying for invalidation of trademarks

1. The trademark applied for registration in respect of the same or similar goods is a reproduction, imitation or translation of a well-known trademark not registered in China by others, which is likely to cause confusion.

2. The trademark applied for registration in respect of different or similar goods is a reproduction, imitation or translation of a well-known trademark already registered in China by others, which misleads the public and may damage the interests of the registrant of the well-known trademark.

3. Without authorization, the agent or representative registers the trademark of the principal or representative in its own name, and the principal or representative raises an objection.

4. A trademark contains a geographical indication of a commodity which does not originate from the area indicated by the indication, misleading the public.

5. Is identical with or similar to the trademark of another person that has been registered or preliminarily approved for the same or similar goods.

6. Where two or more applicants for trademark registration apply for the registration of identical or similar trademarks for the same or similar goods, the preliminary examination and approval shall be conducted and the trademark that was first applied for shall be announced; If the application is made on the same day, one party has preliminarily examined and approved and announced the first one to be used.

7. Preemptively register the trademark that has been used by others and has certain influence by improper means. Where any other unit or individual requests the Trademark Review and Adjudication Board to declare a registered trademark invalid, the Trademark Review and Adjudication Board shall, after receiving the application, notify the parties concerned in writing and set a time limit for filing a defense.

2、 Time period of application for trademark invalidation

1. If the trademark owner receives the notice of invalidation of the trademark, he may, within 15 days, apply to the Trademark Review Committee for trademark reexamination.

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

3. If the retrial fails, the owner may bring a lawsuit to the people's court within 30 days from the date of receiving the notice.

What needs to be clear is that China's trademark law clearly stipulates that the time limit for the declaration of trademark invalidation must be within five years. If the time limit for the declaration of trademark invalidation exceeds five years, then except for well-known trademarks, the trademark management department may not follow the procedures for the declaration of trademark invalidation, and the trademark owner should consult the local management department for information.