What is the meaning of trademark invalidation
Trademark invalidation means that a registered trademark violates Article 1 of this Law Article 10, Article 11, and Article 12, or if the registration is obtained by deception or other improper 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 registration invalid. The trademark is invalid.
Trademarks are used by producers and operators of goods on the goods they produce, manufacture, process, select or distribute, or by service providers on the services they provide. A sign with distinctive features that is used to distinguish the source of goods or services and is composed of words, graphics, letters, numbers, three-dimensional signs, sounds, colors, or a combination of the above elements, and is a product of the modern economy. In the commercial field, trademarks include words, graphics, letters, numbers, three-dimensional logos and color combinations, as well as combinations of the above elements, which can be applied for registration as trademarks. Trademarks approved and registered by the state are "registered trademarks" and are protected by law. Trademarks protect trademark registrants by ensuring that they have the exclusive right to identify goods or services, or to license others to use them for remuneration.
1. A registered trademark under Article 44 of the Trademark Law that violates the provisions of Articles 10, 11 and 12 of this Law , or if the registration is obtained by deception or other improper 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.
2. 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.
The editor of Legal Savior Network reminds you that trademarksThe registrant enjoys the exclusive right to trademark and is protected by law. If it is a well-known trademark, it will receive legal protection of the exclusive right to trademark across categories. The above is the relevant information summarized for you. I hope it can help you. This website is committed to creating an excellent legal consultation platform. If you have any questions, please feel free to consult with a lawyer.
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