Under what circumstances is a trademark invalid and the legal consequences of trademark invalidity
Article 44 of the new Trademark Law : "If a registered trademark violates the provisions of Articles 10, 11, and 12 of this Law, or if the registration is obtained by deception or other unfair means, the Trademark Office shall declare the registered trademark invalid. Others An organization or individual may request the Trademark Review and Adjudication Board to declare the registered trademark invalid."
According to this provision, the conditions for the Trademark Office to proactively declare a registered trademark invalid include two aspect.
First of all, the trademark contains signs or shapes that cannot be used as trademarks. Specifically, there are three situations:
First, the use of prohibited signs in Article 10 of this Law, including:
(1) Identical or similar to the country name, national flag, national emblem, national anthem, military flag, military emblem, military anthem, medals of the People's Republic of China, as well as the name, logo of the central state agency, or the name of a specific place where it is located Or the names and graphics of landmark buildings are the same;
(2) The names, national flags, national emblems, military flags, etc. of foreign countries are the same or similar, but they have been Except with the consent of the government of the country;
(3) Identical or similar to the name, flag, emblem, etc. of an intergovernmental international organization, but with the consent of the organization or not easily Except for misleading the public;
(4) Identical or similar to the official mark or inspection mark indicating the implementation of control and guarantee, except for authorized ones;
p>(5) The same or similar name or symbol as "Red Cross" or "Red Crescent";
