1、 The scene of trademark revocation
according to the relevant provisions of China's trademark law and its implementation regulations, registered trademarks can be divided into revocation on request and revocation on authority. The main scenes are as follows:
(1) if a registered trademark is in any of the following circumstances, the Trademark Office shall revoke the registered trademark, and other units and individuals may appeal to the Trademark Review and Adjudication Board for a ruling to revoke the registered trademark:
1. Selecting great as the sign of trademark application and registration;
2. Obtaining registration by deception or other improper means.
(2) where a registered trademark is in the following circumstances, within five years from the date of registration of the trademark, the owner of the trademark or the interested party may appeal to the Trademark Review and Adjudication Board for a ruling to revoke the registered trademark. For those registered maliciously, the owner of a well-known trademark is not subject to the five-year time limit
It is easy to cause confusion by imitating, imitating or translating well-known trademarks not registered in China
(2) it is the imitation, imitation or translation of a well-known trademark registered in China by others, which misleads the public and may endanger the interests of the registrant of the well-known trademark;
3. Without authorization, the agent or representative registers the trademark of the principal or the representative in his own name, and the principal or the representative raises an objection;
4. The trademark contains the geographical indication of the product, but the product does not come from the area indicated by the sign, thus misleading the public. However, the registration obtained in good faith is excepted;
5. Request for trademark registration endangers the existing prior rights of others, or preempts the registration of trademarks that have been used by others and have certain influence by improper means.
. The resolutions or rulings on the revocation of registered trademarks, the judgments and rulings on trademark infringement cases made and enforced by the people's court before the revocation, the resolutions on trademark infringement cases made and enforced by the administrative department for Industry and commerce, as well as the contracts for trademark assignment or application consent that have been performed, have no retrospective effect; However, the trademark registrant should be compensated for the loss caused by the malicious intention of the trademark registrant.
(3) where a registered trademark is used in any of the following ways, the administrative department for Industry and Commerce shall order the trademark registrant to make corrections within a time limit; if it refuses to do so, it shall report to the Trademark Office to revoke its registered trademark:
1. Altering a registered trademark on its own;
2. Changing the name and address of the registrant of a registered trademark or other registered matters on its own;
(3) transferring a registered trademark on its own;
(4) where the use of a registered trademark has been suspended for three consecutive years, any person may request the Trademark Office to revoke the registered trademark and clarify the relevant circumstances.
in (3) and (4), the Trademark Office shall inform the trademark registrant that he shall, within 2 months from the date of receipt of the notification, submit the supporting materials for the use of the trademark prior to the request for revocation, or set forth the justifiable reasons for not using the trademark; if the supporting materials are not provided at the expiration of the time limit, or the materials are invalid and there is no justifiable reason, the Trademark Office shall revoke its registered trademark. The basis of the use of information, including the trademark registrant to use the registered trademark and trademark registrant to allow others to use the registered trademark.
(5) where a registered trademark is used and its products are shoddy manufactured and shoddy, thus cheating consumers, its registered trademark may be revoked by the trademark office according to the specific circumstances.
in the three scenarios (3), (4) and (5), the revocation of a registered trademark shall be announced by the Trademark Office, and the exclusive right to use the registered trademark shall terminate as of the date of the revocation resolution of the trademark office.
The influence of the revocation of a registered trademark
Where the trademark office or the Trademark Review and Adjudication Board revokes a registered trademark and the reason for the revocation only covers some designated products, the trademark registration used on such designated products shall be revoked.
Where a registered trademark is revoked, the Trademark Office shall, within one year from the date of revocation, not approve any trademark registration request that is the same as or similar to the trademark.
if a registered trademark is revoked, the original trademark registration certificate shall be scrapped; if the registration of the trademark on some designated products is revoked, the Trademark Office shall mark and return the trademark registration certificate on the original trademark registration certificate, or issue a new trademark registration certificate and make an announcement.