Can a trademark that has been declared invalid be used?

As long as someone expresses doubts and objections to the trademark and initiates relevant legal actions, during this period, the trademark involved will be in dispute and will be prohibited from continued use. Next, the editor of Legal Savior Network will introduce relevant content to you.

1. Can a trademark that has been declared invalid be used

When a trademark is registered After a trademark is declared invalid, the trademark can no longer be used according to relevant legal provisions.

Trademark, as an important part of corporate value, is an extremely valuable and difficult to quantify intangible asset. Therefore, both the company itself and anyone who pays attention to this matter , if it is discovered that the trademark of this brand or enterprise is being improperly used and abused by natural persons or other units, we have the right to apply to the Trademark Review and Adjudication Board for cancellation of the trademark registration in accordance with relevant national laws and regulations.

Even when others issue a statement of objection and cause litigation, during this process, the legality of the disputed trademark has not been determined in the relevant legal procedures. Before that, the right to use and use of it must be suspended.

Trademark Law Article 44When the Trademark Office makes a decision to declare a registered trademark invalid, it shall notify the parties 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.

Article 47In accordance with Articles 44 and 4 of this Law A registered trademark declared invalid according to the provisions of Article 15 shall be announced by the Trademark Office, and the exclusive right to use the registered trademark shall be deemed to have ceased to exist from the beginning.

2. Do you need to go to jail for trademark infringement?

Trademark infringement will be judged as illegal in some cases and may even involve criminal penalties.Punishment.

Only when the infringement of the exclusive right to use a registered trademark reaches a certain level, it will constitute an element of a criminal offense and you will also need to bear corresponding criminal liability.

Under the current legal framework, serious infringements of trademark rights can be roughly classified into the following three types of crimes: the crime of counterfeiting registered trademarks; selling adulterated or counterfeit registered trademarks Commodity crimes and the crime of illegally manufacturing and selling non-manufactured registered trademarks.