What can be included in the evidence of trademark invalidity?
During the trademark registration process, there are times when the trademark is invalidated. This is usually due to the emergence of certain evidence that makes the mark no longer comply with the provisions of trademark law. So, what can be included in the evidence of trademark invalidity?Shuangqian intellectual property consultants will give you a detailed answer in this article.
1. Types of evidence of trademark invalidity.
1.Prove that the trademark does not comply with the provisions of the Trademark Law, such as similar trademarks, identical trademarks, etc.
2.Proof that the trademark infringes upon the legitimate rights and interests of others, such as infringing the exclusive right to use other trademarks, infringing on the copyrights of others, etc.
3.Prove that the trademark does not comply with the code of ethics, such as adverse effects, violation of public order and good customs, etc.
4.Prove that the trademark falls within the scope of non-registrability, such as violating the provisions of national laws and regulations.
2. Evidentiary requirements for trademark invalidation.
1.The evidence must be truthful, reliable and objective.
2.The evidence must be relevant to the case and be able to prove the facts of the case.
3.The evidence must be legal and must not violate the law.
3. Collection of evidence of trademark invalidity.
1.Before collecting evidence, the nature of the case and the points of dispute should be clarified, and the type and amount of evidence that needs to be collected should be determined.
2.Collect evidence through investigation, evidence collection, etc., to ensure the authenticity and reliability of evidence.
3.In the process of collecting evidence, attention should be paid to protecting personal privacy and commercial secrets.
4. How to submit evidence of trademark invalidation.
1.When applying for trademark invalidation at the Trademark Office, relevant evidence shall be submitted.
2.When submitting evidence, information such as the name of the evidence, the purpose of the proof, and so forth shall be indicated.
3.The evidence submitted should be the original or a notarized copy to ensure its authenticity and reliability.
In conclusion, evidence of trademark invalidity is one of the key factors in determining whether a trademark is valid. When collecting and submitting evidence, it is necessary to follow the provisions of relevant laws and regulations to ensure the authenticity, reliability and legitimacy of the evidence. At the same time, it is also necessary to pay attention to the protection of personal privacy and business secrets, and avoid unnecessary losses caused by the collection of evidence.