What does "trademark is invalid" mean
Depends on the specific situation, generally divided into two situations. One is a trademark that has expired without renewal or extension. This kind of trademark can be registered by others; the other is a trademark that was rejected due to similarity, similarity and other reasons during the application process. Registration with the same logo as yours will be rejected.
"Trademark Law of the People's Republic of China" Article 40 Article 4 Article 44 A registered trademark violates the provisions of Article 4, Article 10, Article 11, Article 12 or Article 19, paragraph 4 of this Law, or is registered by deceptive means or other means. If registration is obtained by unfair means, the Trademark Office shall declare the registered trademark invalid; other units or individuals may request the Trademark Review and Adjudication Board to declare the registered trademark invalid.
When the Trademark Office makes a decision to declare a registered trademark invalid, it shall notify the parties concerned in writing. 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 fifteen days from the date of receipt of the notice. The Trademark Review and Adjudication Board shall make a decision within nine 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 for three months with the approval of the industrial and commercial administration department of the State Council. 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 thirty days from the date of receipt of the notice.
If other units or individuals request the Trademark Review and Adjudication Board to declare a registered trademark invalid, the Trademark Review and Adjudication Board shall notify in writing after receiving the application The relevant parties shall submit a reply within a time limit. The Trademark Review and Adjudication Board shall make a ruling to maintain the registered trademark or declare the registered trademark invalid within nine months from the date of receipt of the application, and notify the parties in writing. If there are special circumstances that require an extension, the State Council shall It may be extended for three months with the approval of the industrial and commercial administration department. If a party is dissatisfied with the ruling of the Trademark Review and Adjudication Board, it may file a lawsuit with the People's Court within thirty days from the date of receipt of the notice. The People's Court shall notify the other party in the trademark ruling procedure as the third party. Three people participated in the lawsuit.
Everyone who has read this article The content is all clear now. This is also relatively important legal knowledge at present. If you have other questions, please feel free to consult the professional lawyers on the Legal Savior Network.
