How to understand the specific circumstances of invalid trademark rights

After a trademark is successfully registered, it has trademark rights and can exercise its related rights. However, trademark rights are not necessarily true and valid, and the trademark rights of some brands or companies are invalid. So, how to understand the specific circumstances of invalid trademark rights? Listen to the detailed explanation given by the editor of Legal Savior Network.

How to understand the specific circumstances of invalid trademark rights

(1) The registered trademark has obvious flaws

1. Violate the prohibitive provisions of the Trademark Law. That is, in violation of Article 10 of the Trademark Law, the registered trademark uses a sign that is prohibited from being used as a trademark by law; in violation of Article 11 of the Trademark Law, the registered trademark uses a sign that is prohibited from being used as a registered trademark by law; in violation of the Trademark Law Article 12 of the Law, a registered three-dimensional trademark is a mark that does not have distinctive features and cannot be registered.

2. Obtain registration by deceptive means. This means that when a trademark registrant applies for trademark registration, he fabricates, conceals facts, or forges application documents and other relevant supporting documents to obtain registration, such as forging business licenses, forging approval documents from drug or tobacco management departments, forging certificates of origin, etc. .

(2) Obtaining registration by unfair means

The trademark owner adopts measures such as infringing others’ prior rights. The situation is more complicated when registration is obtained through unfair means such as rights, malicious registration, and infringement of other people's business reputation.

1. Infringe upon the prior rights of others. This means that the trademark applied for registration conflicts with the legal rights previously obtained by others. In fact, the trademark infringes upon the prior rights of others, such as copyright, design patent rights, portrait rights, name rights, trade name rights and other civil rights. The reason why this type of trademark right is invalid is that the applicant applies for registration of the rights enjoyed by others as his own trademark. This is an infringement and cannot be tolerated by the law.

2. Malicious registration. This means that the trademark owner violates the principle of good faith when applying for registration and maliciously applies for registration of other people's influential trademarks and well-known trademarks. Specific situations of malicious registration include:

(1) Preemptively registering a trademark that has been used by others and has certain influence;