Can a trademark registration be revoked if it has been registered for more than five years?

After the Trademark is registered, it can be used normally if the registration is successful. Can a trademark be revoked after Five Years? This is a problem we will encounter in practice. If you are not sure, you must have a good understanding of the relevant regulations to know the specific regulations. The editor of Legal Savior Network has compiled the following content to answer your questions. I hope it will be helpful to you.

Can a trademark registration be revoked if it has been registered for more than five years?

Can a trademark be revoked if it has been registered for more than five years? years can be revoked.

Trademark Law

Article 44 A Registered Trademark that violates this Article 4, Article 10, Article 11, Article 12, Article 19, Paragraph 4 of the Law, or if the registration is obtained by deception or other 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, after receiving the application, notify the relevant parties in writing and file 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, 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 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 adjudication procedure to participate in the litigation as a third party.

Article 45 A registered trademark violates paragraphs 2 and 3 of Article 13, Articles 15 and 16 of this Law Article 1, Article 30, Article 31, and Article 32 of the ArticleWithin five years from the date of registration, 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 submit a defense 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 twelve 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 six months with the approval of the industrial and commercial administration department of the State Council. If the party concerned 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 adjudication procedure to participate in the litigation as a third party.

When the Trademark Review and Adjudication Board examines a request for invalidation in accordance with the provisions of the preceding paragraph, the determination of the prior rights involved must be based on the fact that the People's Court is currently hearing or The review may be suspended based on the outcome of another case being handled by the administrative agency. After the reasons for the suspension are eliminated, the review process should be resumed.

After reading the content of this article, we will understand the regulations on trademark revocation. Trademarks that have been registered for more than five years can still be revoked, but applications must be made in accordance with regulations to be accepted by relevant departments and ultimately processed. If you have any other questions, please feel free to consult the professional lawyers on the Legal Savior Network.