What are the circumstances of trademark revocation
1. Dispute revocation
Disputed revocation means that after a trademark is registered, a dispute is raised due to certain legal reasons, resulting in the trademark being revoked and no longer enjoying the exclusive right to use the trademark. Mainly caused by improper registration, there are two cases of dispute cancellation, one is improper registration, and the other is malicious registration. Improper registration mainly means that the registered trademark violates the provisions of the Trademark Law, and some signs that cannot be registered as trademarks are registered as trademarks. Article 10 of the "Trademark Law" stipulates eight situations that cannot be used as trademarks. Article 10 of the "Trademark Law" Article 11 stipulates three situations in which a trademark shall not be used as a registered trademark. Article 12 of the Trademark Law stipulates that three-dimensional marks cannot be registered, which is very rare.
1) Improper registration
Legal basis
Article 10 of the "Trademark Law" The following signs shall not be used as trademarks:
(1) The same country name, national flag, national emblem, and military flag of the People's Republic of China , medals that are the same or similar, and those that are the same as the names of specific places where central state agencies are located or the names and graphics of landmark buildings;
(2) Same as foreign countries The name, national flag, national emblem, or military flag of a country is the same as or similar to that of the country, except with the consent of the government of that country; (3) Same as the name, flag of an intergovernmental international organization , emblems that are identical or similar, except with the consent of the organization or which are not likely to mislead the public;
(4) With official signs and inspections indicating implementation of control and guarantee The imprints are the same or similar, except those with authorization;
(5) The names and logos are the same as or similar to the "Red Cross" or "Red Crescent" ;
(6) Ethnically discriminatory;
(7) Exaggerated and deceptive propaganda;
(8) Harmful to socialist morals or have other adverse effects.
Place names of administrative divisions at or above the county level or foreign place names known to the public shall not be used as trademarks. However, exceptions are made where place names have other meanings or are part of collective trademarks or certification marks; registered trademarks using place names will continue to be valid.
Article 11 of the "Trademark Law" The following signs shall not be registered as trademarks:
(1) Only the common name, graphics and model of the product;
(2) Only directly indicate the quality, main raw materials, functions, uses, weight, quantity and Other characteristics;
(3) Lack of distinctive characteristics.
Article 12 of the "Trademark Law" applies for a registered trademark with a three-dimensional mark, which is only a shape generated by the nature of the goods themselves, and is necessary to obtain technical effects. The shape of the goods or the shape that gives the goods substantial value shall not be registered.
1. Using the following 13 signs as registered trademarks is improper registration
(1) Identical or similar to the name, national flag, national emblem, military flag or medal of our country, or the same name as the name of a specific place where the central state agency is located or the name or figure of a landmark building;
(2) Identical or similar to the name, national flag, national emblem, or military flag of a foreign country;
(3) Same as the name of an intergovernmental international organization , flags, or emblems that are the same or similar;
(4) are the same as or similar to the official signs or inspection marks indicating the implementation of control and guarantee;
(5) The same or similar name or symbol as "Red Cross" or "Red Crescent";
(6) Ethnic discriminationSexual;
(7) Exaggerated and deceptive propaganda;
(8) Harmful to socialist morals or have other adverse effects.
(9) Place names of administrative divisions at or above the county level or foreign place names known to the public
(10 ) only the common name, graphics, and model of the product;
(11) only directly indicates the quality, main raw materials, functions, uses, weight, and quantity of the product and other characteristics;
(12) Lack of distinctive features
(13) Improper use Three-dimensional logo
2) Malicious registration
2. Cancellation of use
Revocation of use means that the exclusive right to use a registered trademark has been revoked by the Trademark Office due to violation of certain legal provisions during use. Revocation of use is mainly due to inappropriate use. According to legal provisions, inappropriate use has the following circumstances:
Legal basis
Article 44 of the Trademark Law: Anyone who uses a registered trademark and commits any of the following acts shall be ordered by the Trademark Office to correct or cancel the registered trademark within a time limit:
(1) Changing the registered trademark on one’s own initiative;
(2) Changing the name, address or other registration matters of the registered trademark on one’s own initiative;
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(3) Transferring a registered trademark by oneself;
(4) Stopping use for three consecutive years.
Article 45 of the "Trademark Law" If a registered trademark is used, and the goods are shoddily manufactured, passed off as inferior, and deceive consumers, the industrial and commercial administrative departments at all levels shall Depending on the circumstances, the company may be ordered to make corrections within a time limit, and may be notified or fined, or the Trademark Office may revoke its registered trademark.
The following circumstances during use will be revoked
1. Changing the registered trademark on your own
The use of trademarks shall be subject to the registration certificate. If it is a word trademark, the font on the registration certificate shall not be changed at will; if it is a graphic trademark, the graphics shall not be changed; if it is a combination of text and graphics, the combination shall not be changed Method, and no element must be changed. In one sentence, it must be used how it is registered. However, trademark registrants cannot pay attention to these. Changing the font of a text trademark, changing the graphics of a graphic trademark, changing the combination method of a combination trademark, or removing a certain element are considered to be changes to the registered trademark on their own, which may lead to the cancellation of the trademark. Although we have not found any cases where registered trademarks have been revoked due to spontaneous changes, this possibility still exists. The biggest hidden danger comes from competitors, who are likely to report it for competitive reasons.
Generally, there must be certain reasons for companies to change their registered trademarks on their own, especially for graphic trademarks. The original graphics may no longer be suitable for the corporate image due to the development of the company. , some small changes need to be made, for example, Ken*Chicken made small modifications to the bow tie of his portrait. If the company really needs to modify it, it only needs to register the modified trademark again.
2. Change the name, address or other registration matters of the registered trademark voluntarily
( 1) Change the name of the registrant by yourself
(2) Change the registered address by yourself
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