What is the ruling on registered trademark disputes?

It is also easy for Trademark owners to have disputes when applying for trademark registration. Since trademark registration itself is a very professional matter, when a dispute arises, the parties involved do not know how to resolve it. If there is a dispute over a registered trademark, what is the ruling on registered trademark disputes stipulated in Chinese law? Below, the editor of Legal Savior Network will compile relevant information on the ruling on registered trademark disputes. For everyone to read, I hope it will be helpful to everyone.

What is the adjudication of registered trademark disputes

The ruling on registered trademark disputes refers to the Trademark Review and Adjudication Board’s ruling on a registered trademark Activities for adjudicating trademark disputes.

According to the provisions of the Trademark Law, except for the following Except for the two situations, if there is a dispute over a registered trademark, you can apply to the Trademark Review and Adjudication Board for a ruling within 5 years from the date the trademark is approved for registration.

(1) A registered trademark that violates the " If the Trademark Law stipulates that a mark shall not be used as a trademark, a mark shall not be registered as a trademark, or a three-dimensional mark shall not be used to apply for trademark registration, or if the registration is obtained by deception or other unfair means, the trademark shall be The Trademark Office shall revoke the registered trademark; other units or individuals may request the Trademark Review and Adjudication Board to rule on revoking the registered trademark.

(2) A registered trademark violates the provisions of the Trademark Law regarding non-registration and prohibition of use, orIf a person violates the provisions of the Trademark Law, which stipulates that applying for trademark registration shall not damage the existing prior rights of others, and shall not use unfair means to preemptively register a trademark that has been used by others and has a certain influence, the trademark owner shall, from the date of trademark registration, Or an interested party may request the Trademark Review and Adjudication Board to rule on revoking the registered trademark. For cases registered in bad faith, the owner of a well-known trademark is not subject to time restrictions.

After receiving the application for ruling, the Trademark Review and Adjudication Board shall Notify the relevant parties and file a defense within a time limit. After the Trademark Review and Adjudication Board makes a ruling to maintain or cancel a registered trademark, it shall notify the relevant parties in writing. If the party concerned is dissatisfied with the ruling of the Trademark Review and Adjudication Board, it may file a lawsuit in the People's Court 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.

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