What are the procedures for trademark invalidation?

If a Registered trademark meets the conditions for invalidation, the Trademark Office shall declare the registered trademark invalid in accordance with the provisions of paragraph 1 of this article; at the same time, other units or individuals may also request the Trademark Review and Adjudication Board to declare the registered trademark invalid. Therefore, the procedure for declaring the invalidation of a registered trademark differs depending on the entity that initiates it. Today, the editor of Legal Savior Network brings you the contents of the trademark invalidation declaration procedure.

What are the procedures for declaring trademark invalidity

1. The procedure for the Trademark Office to declare a registered trademark invalid

The Trademark Office declares a registered trademark invalid according to the following procedures:

First, the Trademark Office makes a decision to declare a registered trademark invalid. , the party concerned shall be notified in writing;

Secondly, if the party concerned is dissatisfied with the decision of the Trademark Office, he may apply to the Trademark Review and Adjudication Board for review within 15 days from the date of receipt of the notice;

Third, the Trademark Review and Adjudication Board shall make a decision within 9 months from the date of receipt of the application and notify the parties in writing. If there are special circumstances that require an extension of the review period, it may be extended for 3 months with the approval of the industrial and commercial administration department of the State Council; fourth, if the party concerned is dissatisfied with the decision of the Trademark Review and Adjudication Board, it may file a lawsuit with the People's Court within 30 days from the date of receipt of the notice. Prosecution.

2. Procedure for requests from other units or individuals to declare a registered trademark invalid

Requests from other units or individuals The procedure for declaring a registered trademark invalid is:

First, if other units or individuals request the Trademark Review and Adjudication Board to declare the registered trademark invalid, they should submit an application to the Trademark Review and Adjudication Board;

Second, after receiving the application, the Trademark Review and Adjudication Board shall notify the relevant parties in writing and file a defense within a time limit;

Third, the Trademark Review and Adjudication Board shall make a ruling to maintain the registered trademark or declare the registered trademark invalid within 9 months from the date of receipt of the application, and notify the parties in writing. If there are special circumstances that require an extension, it can be extended by 3 months with the approval of the industrial and commercial administration department of the State Council;

Fourth, if the party concerned is dissatisfied with the ruling of the Trademark Review and Adjudication Board, he may file a lawsuit with the People's Court within 30 days from the date of receipt of the notice;

Fifth, the People's Court After accepting the lawsuit, the court shall notify the other party in the trademark adjudication procedure to participate in the lawsuit as a third party.

Article 45 A registered trademark violates this law The second and third paragraphs of Article 13, Article 15, the first paragraph of Article 16, Article 30, Article 31, and Article 32 shall be effective from the date of trademark registration. Within five years, the prior right holder or interested party may request the Trademark Review and Adjudication Board to declare the registered trademark invalid. For cases registered in bad faith, the owner of a well-known trademark is not subject to the five-year time limit.

After receiving an application to declare a registered trademark invalid, the Trademark Review and Adjudication Board shall notify the relevant parties in writing and file a reply within a time limit. The Trademark Review and Adjudication Board shall make a decision to maintain the registered trademark within twelve months from the date of receipt of the application. Or a ruling declaring the registered trademark invalid, and notify the parties in writing. If there are special circumstances that require an extension, it can be extended for six months with the approval of the administrative department for industry and commerce of the State Council. If the party is dissatisfied with the ruling of the Trademark Review and Adjudication Board, it may be extended for six months after receiving the notice. File a lawsuit with the People's Court within thirty days from the date of the decision. The People's Court shall notify the other party in the trademark adjudication procedure to participate in the litigation as a third party.

The Trademark Review and Adjudication Board shall, in accordance with the preceding paragraph, It is stipulated that in the process of reviewing a request for invalidation, if the determination of the prior rights involved must be based on the outcome of another case that is being heard by the people's court or is being handled by the administrative agency, the review may be suspended. After the reasons for the suspension are eliminated, the Resumption of review procedures.

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