What are the situations in which the trademark is invalid from the beginning?

I trademark What are the cases of invalidity from the beginning?

(I) Registered trademark Obvious defects

1. Violation《 Trademark Law 》Prohibitive provisions. That is to say, in violation of Article 10 of the Trademark Law, the registered trademark uses a mark that is prohibited by law from being used as a trademark; In violation of Article 11 of the Trademark Law, the registered trademark uses signs that are prohibited by law to be used as registered trademarks; In violation of Article 12 of the Trademark Law, a registered three-dimensional trademark is a sign that does not have distinctive features and cannot be registered.

2. Obtaining registration by deception. This refers to the application of the registered trademark owner Trademark registration Obtaining registration by fabricating, concealing facts, or forging application documents and other relevant supporting documents, such as forging Business license Forge the approval document of the drug or tobacco administration department, forge the certificate of origin, etc.

（2） Obtaining registration by improper means

Trademark right It is more complicated for people to obtain registration by illegal means such as infringing on others' prior rights, malicious rush registration, and infringing on others' business reputation.

1. Infringe the prior rights of others. This means that the trademark applied for registration conflicts with the prior legal rights of others. In fact, this trademark infringes the prior rights of others, such as Copyright 、 industrial design patent Right, portrait right, name right, trade name right and other civil rights. The reason why such trademark rights are invalid is that the applicant applies for registration of the rights enjoyed by others as his own trademark, which is Tortious conduct The law cannot tolerate it.

2. Malicious registration. This means that the registered trademark owner violates the principle of good faith when applying for registration, and maliciously applies for registration of other people's influential trademarks, well-known trademarks, etc. The specific situations of malicious registration include:

(1) Preemptively register trademarks that have been used by others and have certain influence;

(2) The trademark applied for registration in respect of the same or similar goods is copied, imitated or translated by others, which is not registered in Chinese commerce well-known trademark , which is easy to cause confusion;

(3) The trademark applied for registration in respect of different or similar goods is a reproduction, imitation or translation of a well-known trademark that has been registered in China and misleads the public, which may damage the interests of the registrant of the well-known trademark;

(4) Unauthorized, agent A person or representative registers the commercial first mark of the principal or representative in his own name;

(5) The trademark contains a geographical indication of a commodity, which does not originate from the region indicated by the indication, and the trademark owner applied for registration in bad faith and obtained approval.

（3） Disputes over registered trademarks

Registered trademark dispute refers to the dispute raised by the earlier registrant who believes that the later registered trademark is the same or similar to his own trademark registered on the same or similar goods or services. According to the principle of protection first, the trademark owner who has registered earlier has the right to request the cancellation of the trademark registered later.

To sum up, trademarks are particularly important for those who own products. Only by registering trademarks legally can they be protected by law. However, for those who use other means or have problems with trademarks, trademarks are invalid and not protected by law. Therefore, trademark applications have legal basis.