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Procedure for invalidation:

The prior obligee/interested party applies to the judges for invalidation

1. 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 the five-year time limit (for bona fide registration, it is still subject to the five-year limit).

2. After receiving an application for declaring a registered trademark invalid, the Trademark Review and Adjudication Board shall notify the parties concerned in writing and limit their defense. The Trademark Review and Adjudication Board shall, within 12 months from the date of receiving the application, make a ruling to maintain the registered trademark or declare the registered trademark invalid, and notify the party concerned in writing. If there are special circumstances that require an extension, it may be extended for 6 months upon approval.

If the party concerned is not satisfied with the ruling 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 notice. The people's court shall notify the other party to the trademark adjudication procedure to participate in the litigation as a third party.

Evidentiary materials for trademark invalidation application:

(1) Evidence of a certain relationship between your office and the owner of the invalid trademark. It can prove the existence of cooperation relationship between the two parties through cooperation agreement, letter of intent, meeting records, invoices and other means; Other evidences can also be used to prove that the owner of the invalid trademark has other relationships with the applicant, such as relatives, friends, classmates, and peers in the same region.

(2) Publicity evidence of cited trademarks. Publicity evidence includes, but is not limited to, advertising pages with trademark marks, networks, newspapers, television advertising pictures, advertising videos, audio files, and the above-mentioned advertising procurement contracts and bills.

(3) Evidence of the use of the cited trademark. Evidence of use includes commodity packaging with trademarks, product specifications, business documents, business cards, office decoration, as well as seals, decoration contracts and bills corresponding to the above evidence of use.

(4) Honorary certificates obtained by invalid applicants or cited trademarks. Honorary certificates and plaques of enterprises or brands issued by authoritative local governments or credible industry associations and social organizations.

(5) Evidence of invalid applicant's trademark protection. Acceptance receipt or certificate of trademark registration in other countries and regions.

(6) Economic evidence. In recent years, product sales contracts, bills, logistics documents, etc. with the citation trademark mark.