Trademark Invalidation
According to article 44 of the Trademark Law, a registered trademark shall be declared invalid by the Trademark Office if it is in violation of article 10, article 11 or article 12 of this Law, or its registration is obtained by deceptive or other improper means. Other entities or individuals may request the Trademark Review and Adjudication Board to declare such registered trademark invalid.
And according to article 45 of the Trademark Law, where a registered trademark is in violation of paragraph 2 and paragraph 3 of article 13, article 15, paragraph 1 of article 16, article 30, article 31 or article 32 of this law, the holder of prior rights or an interested party may request the Trademark Review and Adjudication Board to declare the registered trademark invalid within five years upon the registration of the trademark. Where registration is obtained mala fide, the owner of a well-known trademark if not bound by the five-year restriction.
Required Materials
1. The applicant's main body qualification certificate;
2. Power of attorney for trademarks;
3. Application for invalidation of a trademark and written reasons;
4. Evidence materials.
Handling Procedures
Notes:
① The trademark registration process only requires the payment of the initial application fee. Unless the trademark is rejected or dissent, there is no need to pay the fee within ten years. Do not listen to any calls from the Trademark Office or the agency that require payment.
② In case of trademark rejection or trademark objection, we will take the initiative to contact you, and do not listen to phone calls from strange firms.
③ If the trademark has not been used for 3 consecutive years after registration in China, the trademark may be revoked.