A trademark invalidation is the last chance to challenge the right of a particular trademark. According to the Chinese trademark law Article 44, any registered trademark which is against the Trademark Law Article 4, 10, 11, 12, 13, 15, 16, 19, 30, 31, 32 or is acquired in bad faith, could be invalid thought the invalidation request.
Is there a time limit to file a trademark invalidation?
According to the Trademark Law Article 45, if the invalidation is filed on the relative grounds of Trademark Law 13, 15, 16, 30, 31 and 32, the invalidation request must be filed within five years from the registration date but with the exception of bad faith and well-known trademarks. The invalidation request based on absolute grounds stated in Article 4, 7, 11, 12 and 19 is not limited by the five-year period.
What is required for filing the invalidation?
Firstly, similar to the trademark opposition, if you’re a Chinese citizen, you may file the invalidation to CNIPA by yourself. But if not, you have to file it by a Chinese agency.
Secondly, the documents for filing the invalidation are not difficult, and you may file the following documents first to catch the deadline, and filing further statement within three months after filing.
- Power of attorney signed by the applicant;
- Identification document of the applicant;
- Request form for the trademark invalidation, the attorney will help you to file in the form.
How long will the decision be issued? After filing the invalidation, the applicant may have three months to file further statement. And then, CNIPA will forward a copy of the invalidation to the trademark owner. No matter the trademark applicant responses the invalidation or not, the decision would be issued in around nine months after filing the invalidation. What is the remedy for if I lost in the invalidation? After the decision issued, if you’re not satisfied with it, you may bring administrative litigation to Beijing Intellectual Property Court within 30 days from receipt of the decision. For more information about a trademark invalidation, please feel free to contact us via mail@borsam.cn.
2021-04-15
Borsam IP
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Borsam IP