What are the differences between the trademark right revocation and invalidation systems?
The revocation of trademark rights refers to the Subsequent events will cause the trademark right to lose the basis for continued protection, and the trademark authority will make a decision to cancel the trademark registration. There is no defect in the acquisition of trademark rights, and the revoked trademark rights are valid until they are revoked. Reasons for cancellation are usually caused by non-use of the trademark or irregular use of the trademark.
The invalidity of trademark rights means that due to defects in the acquisition of trademark rights, the trademark authority declares that the trademark rights have no legal effect from the beginning.
There are the following main differences between trademark right revocation and invalidation:
(1) Different reasons
According to the provisions of Articles 44 and 45 of my country’s Trademark Law, reasons for cancellation include voluntary changes to registered trademarks or trademark registration matters; voluntary transfer of registered trademarks; suspension for three consecutive years Use; goods using registered trademarks are shoddily manufactured, passed off as good quality, and deceive consumers.
According to Article 41 of China’s Trademark Law, the reasons for invalidating trademark rights can be divided into three categories:
First, there is a lack of absolute conditions for registration, that is, trademarks must not use signs prohibited by law (Article 10 of the Trademark Law), must have distinctive features (Article 11 of the Trademark Law), and three-dimensional trademarks must not be functional. mark (Article 12 of the Trademark Law), and shall not be deceptive (Article 41, Paragraph 1 of the Trademark Law);
Second, prior infringement Rights, that is, infringement of trademark rights previously applied for registration by others (Article 28 of the Trademark Law) and other prior civil rights (Article 31 of the Trademark Law);
Third, the registrant violates honest industrial and commercial practicesHabits, including infringement of the rights and interests of well-known trademarks (Article 13 of the Trademark Law), agents or representatives registering trademarks of principals or representatives in their own names without authorization (Article 15 of the Trademark Law), improper use of geographical indications to mislead The public (Article 16 of the Trademark Law), preemptively registering a trademark that has been used by others and has certain influence (Article 31 of the Trademark Law), and obtaining registration by other unfair means (Article 41, Paragraph 1 of the Trademark Law) ).
(2) Different time limits
If there is a reason for revocation, you can apply for revocation of trademark rights. Due to the uncertainty of the cause, no time limit can be set for the cancellation of the application.
In accordance with Article 41 of the Trademark Law, the time limit for applying for a trademark invalidation declaration is divided into two situations:
First, there is no time limit. If the absolute conditions for trademark registration are lacking, the Trademark Office, ex officio or other units or individuals, may request the Trademark Review and Adjudication Board to declare the trademark invalid without time limit; for trademarks that have been registered for malicious infringement of the rights and interests of well-known trademarks, the owner of the well-known trademark shall apply to declare the trademark invalid. There is no time limit for trademark invalidity. The former is the need to protect social and public interests, while the latter reflects the special protection of well-known trademarks and the severe punishment of malicious behavior.
Second, five years. Due to the autonomy of civil rights, only prior right holders or interested parties can request the Trademark Review and Adjudication Board to declare invalidity, and the Trademark Office may not declare it ex officio on the grounds of protecting prior rights. Moreover, prior rights are only private rights, and public welfare factors such as social relations and the stability of the market order must be taken into consideration when granting legal protection. A trademark that infringes upon prior rights has established market reputation through long-term use. If the trademark is declared invalid, it will destroy existing economic relationships. Therefore, the prior right holder’s right to request invalidation must be exercised within a certain period of time. Most countries stipulate that the request should be filed within five years from the date of trademark registration. The same applies to the second and third paragraphs of Article 41 of my country’s Trademark Law.
(3) Different legal consequences
The revocable cause occurs after the trademark right is obtained and is revoked The trademark right shall become invalid upon cancellation. According to the provisions of the Trademark Law, if a registered trademark is revoked, the Trademark Office shall make an announcement, and the exclusive right to use the registered trademark shall be terminated from the date of the Trademark Office's decision to revoke it. The cause of invalidity exists when the trademark right is acquired, and the trademark right that is declared invalid is invalid from the beginning.
The quality assurance function of trademarks refers to ensuring the identity of product quality.It does not guarantee the high quality of the product. If the trademark owner cannot maintain or improve the quality of the goods using the registered trademark, or if the goods are shoddy or shoddy, it will inevitably affect the public's evaluation and consumption choices, and the trademark will eventually be eliminated in the market competition. Trademark law does not stipulate quality standards for goods using registered trademarks, nor is it necessary. The above is the relevant knowledge about the above issues compiled by Hualu editor for you. This website provides you with professional lawyer consultation. If you have any questions, you are welcome to enter the Legal Savior Network for consultation.
