What materials are required to file an application for trademark invalidation?

Let’s take a look at the specific materials required to file an application for trademark invalidation with the editor of Legal Savior.

1. What materials are required to file an application for trademark invalidation

1 , Application for invalidation of registered trademark (home page);

2. Application for invalidation of registered trademark (text style);

3. In order to prove their true identity, the parties concerned should submit proof of subject qualifications (copy of business license with official seal; copy of ID card with signature);

4. Trademark review agency power of attorney (if the agency is entrusted to apply for invalidation);

5. Evidence materials (based on Provide specific circumstances of the case, including the applicant’s basic information, comparison information of the cited trademark and the disputed trademark, etc.).

2. Application for trademark invalidation Conditions

1. The person applying for invalidation must be the prior right holder or an interested party;

2. The goods approved by the two registered trademarks in dispute must be the same type of goods or similar goods (well-known trademarks are not subject to this restriction);

3. The approved graphics, words or combinations of the two registered trademarks in dispute must be the same or similar.

The function of a trademark is to identify the source of goods. If two trademarks are too similar, it will cause confusion among the public about the source of the goods. In this case, the right holder A declaration of invalidity can also be filed.

4. The requirement must violate the provisions of "Article 13 Paragraphs 2 and 3, Article 15 and Article 16 of the Trademark Law" Paragraph 1, Article 30, Article 31, and Article 32.”

3. Can the trademark continue to be used after the trademark is declared invalid?

The trademark is invalid After the declaration, the trademark cannot continue to be used.

Article 44 of the "Trademark Law": A registered trademark violates Article 10, Article 11 and Article 12, or if 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.

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