Guide to Trademark Registration and Protection in China (11) - Invalidation on the Basis of Improper Registration

A registered trademark, if it violate the provisions of Articles 10, 11, and 12 of the Chinese Trademark Law (Absolute grounds), or the registration of a trademark was acquired by fraud or any other improper means, the Trademark Office shall invalidate the registration at issue. Any organization or individual may request that the Trademark Review and Adjudication Board make a ruling to invalidate such a registered trademark.

The said fraud or any other improper means for acquiring trademark registrations includes:

1. Acquiring a trademark registration in the name of a trademark agent but without the authorization of the trademark proprietor who entrusts him in the registration.
2. Using any other improper means to acquire a registration.

Any organization or individual may request the Trademark Review and Adjudication Board to invalidate improper trademark registrations. After receiving a copy of the "Application for Invalidation of Registered Trademark" as well as the relevant documents dispatched by the Board, the registrant should make observations within the specified time limit. Where no response is made before the expiration of the time limit, the examination conducted by the Board will go on unhindered.

If not satisfied with the Decision on Invalidation of Trademark issued by Trademark Review and Adjudication Board, the applicant or registrant may, within thirty days from the receipt of the Decision, raise a lawsuit before the Beijing Intellectual Property Court.

Requirements on Application for Invalidation of Trademark

(1) A Copy of the Identity Certification Document of applicant.
(2) Power of Attorney, executed by the applicant.
(3) Reasons and evidences.

Regulations for the Implementation of the Trademark Law of the People’s ...
Trademark Law of the People’s Republic of China