What are the circumstances of revocation of a registered trademark and what are the consequences and remedies after revocation
1. Situation of revocation of registered trademark
According to the relevant provisions of my country’s Trademark Law and its Implementing Regulations , registered trademarks can be divided into cancellation based on application and cancellation based on ex officio. The main situations are:
(1) Registered trademarks , if the following circumstances occur, the Trademark Office will cancel the registered trademark, and other units and individuals may request the Trademark Review and Adjudication Board to rule on canceling the registered trademark:
1. Using a mark that cannot be used or registered as a trademark;
2. Obtaining registration by deception or other unfair means.
(2) Already registeredIf a trademark falls into the following circumstances, within the specified period from the date of trademark registration, the trademark owner or interested party may request the Trademark Review and Adjudication Board to rule on revoking the registered trademark. For those registered in bad faith, the owner of a well-known trademark is not subject to a five-year time limit:
1. It is a copy, imitation or translation of someone else’s well-known trademark that has not been registered in China, which is likely to cause confusion
2. Copying, imitating or translating someone else's well-known trademark that has been registered in China, misleading the public, and causing the interests of the registrant of the well-known trademark to be damaged;
3. Without authorization, the agent or representative Register the trademark of the principal or represented person in his own name, and the principal or represented person raises an objection;
4. The trademark contains a geographical indication of a product, but the product does not originate from the area indicated by the mark, misleading the public. However, exceptions are made if registration is obtained in good faith;
5. Application Trademark registration damages the existing prior rights of others, or uses unfair means to preemptively register a trademark that is already used by others and has a certain influence.
In the two situations (1) and (2) For a registered trademark that has been revoked according to law, the exclusive right to use the trademark is deemed to have ceased to exist from the beginning. Decisions or rulings on the cancellation of registered trademarks, judgments and rulings on trademark infringement cases made and executed by the People's Court before cancellation, decisions on handling trademark infringement cases made and executed by the industrial and commercial administration departments, andA trademark transfer or license contract that has been performed does not have retroactive effect; however, compensation shall be provided for losses caused by the trademark registrant's bad faith to others.
(3) Using a registered trademark involves any of the following acts If the trademark registrant refuses to make corrections, the industrial and commercial administrative department shall order the trademark registrant to make corrections within a time limit; if the trademark registrant refuses to make corrections, he or she shall apply to the Trademark Office to cancel the registered trademark:
1. Change the registered trademark on your own;
2. Change the name, address or other registration information of the registered trademark on your own;
3. Transfer the registered trademark by yourself;
(4) If the person stops using a registered trademark for three consecutive years, any person may apply for a trademark Apply to the bureau to cancel the registered trademark and explain the relevant circumstances.
In the two situations (3) and (4) , the Trademark Office shall notify the trademark registrant to submit evidence of use of the trademark before the cancellation application is filed or to explain the legitimate reasons for non-use within 2 months from the date of receipt of the notice; evidence of use shall not be provided upon expiration of the period. If the materials or evidence materials are invalid and there is no justifiable reason, the Trademark Office shall revoke the registered trademark. Evidence of use includes evidence that the trademark registrant uses the registered trademark and evidence that the trademark registrant permits others to use the registered trademark.
(5) If a registered trademark is used, and the goods are shoddily manufactured, passed off as inferior, and deceive consumers, the Trademark Office may, depending on the specific circumstances, request Cancel its registered trademark.
In (3), ( In the three situations 4) and (5), the registered trademark that has been revoked shall be announced by the Trademark Office; the exclusive right to use the registered trademark shall be terminated from the date of the cancellation decision of the Trademark Office.
2. The impact of the revocation of a registered trademark
If the Trademark Office and the Trademark Review and Adjudication Board cancel a registered trademark, and the reason for cancellation only applies to some designated goods, the cancellation shall be in that part Registration of a trademark used on designated goods.
The registered trademark is If the trademark is revoked, within one year from the date of cancellation, the Trademark Office will not approve applications for trademark registration that are identical or similar to the trademark.
If a registered trademark is revoked, the original "Trademark Registration Certificate" will be invalid; if the registration of the trademark on some designated goods is revoked, the Trademark Office will issue a notice on the original "Trademark Registration Certificate" The "Trademark Registration Certificate" will be returned with an annotation, or the "Trademark Registration Certificate" will be reissued and announced.
3. Remedies after cancellation of registered trademark
If the party concerned is dissatisfied with the Trademark Office's decision to cancel the registered trademark, he may apply to the Trademark Review and Adjudication Board for review within fifteen days from the date of receipt of the notice, and the Trademark Review and Adjudication Board will make a decision in writing. Notify the applicant.
The parties’ response to the Trademark Review and Adjudication Board’s decision If you are dissatisfied, you may file a lawsuit with the People's Court within thirty days from the date of receipt of the notice.
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