How to file an invalidation request against the registered trademark

Trademark invalidation is the last chance to challenge specific trademark rights. According to the provisions of Article 44 of the Chinese Trademark Law, any violation of Articles 4, 10, 11, 12, 13, 15, 16, Article 19, Article 30, Article 31, Article 32 or registered trademarks obtained in bad faith may be invalid.

Is there a time limit for trademark invalidation applications?
According to the provisions of Article 45 of the Trademark Law, where an invalidation declaration is filed on the grounds of Articles 13, 15, 16, 30, 31 and 32 of the Trademark Law, the invalidation shall be filed from the date of registration. request for invalidation within five years from Bad faith and well-known marks. Requests for invalidation based on absolute grounds stipulated in Articles 4, 7, 11, 12 and 19 are not subject to the five-year time limit.

What documents are required for invalid application?
First, similar to trademark opposition, if you are a Chinese citizen, you can file an invalidation declaration with the State Intellectual Property Office yourself. But if not, you must submit it by a Chinese institution. Secondly, it is not difficult to file for invalid documents, you can submit the following documents first to meet the deadline and submit a further statement within three months of submission.

How soon will the decision be issued?
After the application is invalid, the applicant has three months to submit a further declaration. CNIPA will then forward the invalid copy to the trademark owner. Whether or not a trademark applicant has filed an invalidation, a decision is made about nine months after filing the invalidation. What is the remedy if I lose in void? After the decision is made, if you are not satisfied, you can file an administrative lawsuit with the Beijing Intellectual Property Court within 30 days from the date of receipt of the decision. For more information on trademark invalidation, please feel free to contact us.

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