Legal consequences of trademark invalidation
The registered trademark has been declared invalid, and the exclusive right to use the trademark is deemed to have never existed from the beginning. However, if it was previously handled and executed as if it had the exclusive right to use the trademark, is it also because of the registered trademark? The exclusive right "did not exist from the beginning" and was turned over again? In this regard, the second paragraph of this article clearly stipulates that the decision or ruling declaring the registered trademark invalid shall not have retroactive effect, that is, the decision or ruling declaring the registered trademark invalid Regardless of what happened in the past, it only takes effect on what happens after it takes effect.Specifically, decisions or rulings on invalidating a registered trademark will not have retroactive effect on the following matters before the invalidation:
The first is the judgments, rulings and mediation documents in trademark infringement cases made and executed by the People's Court;
The second is the industrial and commercial Decisions on handling trademark infringement cases made and implemented by the administrative department;
The third is the trademark transfer contract that has been performed; the fourth is the trademark use license contract that has been performed .
A decision or ruling declaring a registered trademark invalid shall not be effective for the above four categories of matters. If it has been executed, the registered trademark shall not be requested to be restored on the ground that it has been declared invalid. to the original situation. However, compensation shall be provided for losses caused to others due to the bad faith of the trademark registrant. If a party violates the provisions of Article 32 of this Law by "preemptively registering a trademark that has been used by others and has a certain influence by others by unfair means", and then takes litigation or other measures on the grounds that others have infringed on its exclusive right to register a trademark, If any loss is caused to others, compensation shall be made.
At the same time, if the compensation for trademark infringement, trademark transfer fees, and trademark usage fees that have been paid based on the above four situations are not returned, which is obviously a violation of the principle of fairness, shall be returned in whole or in part.
The above is the relevant knowledge about the above issues compiled by Hualu editor for you. This website provides you with professionalConsult with a professional lawyer. If you have any questions, please visit the Legal Savior website for consultation.
