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On what grounds can an invalidation of an internationally registered mark be filed?
Release Time：
2020-04-01
Author：Source：Views：1081Published：2020-04-01
China has clear provisions on the grounds for filing an application for invalidation of an internationally registered trademark. Article 49(2) and (3) [Trademark Law enforcement regulations] stipulates that: "Where an application for invalidation of an internationally registered trademark is made in accordance with the provisions of Article 44(1) of the Trademark Law, the application shall be filed with the Trademark Review and Adjudication Board after the expiration of the time limit for refusal of the application for international registration of the trademark; where a refusal is still under the process of reexamination of the refusal or opposition when the time limit for refusal expires, the application shall be filed with the Trademark Review and Adjudication Board after the decision on granting registration made by the Trademark Office or the Trademark Adjudication Board becomes effective.
Where an application for invalidation of an internationally registered trademark is filed in accordance with the provisions of Paragraph 1 of Article 45 [Trademark Act ], the application shall be filed with the Trademark Review and Adjudication Board within five years from the date of expiration of the time limit for rejection of the application for international registration of the trademark; where the application is still in the process of rejection, review or opposition when the time limit for rejection expires, the application shall be filed with the Board within five years from the date of entry into force of the decision of the Trademark Office or the Trademark Review and Adjudication Board on the registration of the trademark. For registration in bad faith, the owner of a well-known trademark is not subject to the five-year time limit."
Source: China Intellectual Property Rights Defense Assistance Network
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