Trademark invalidation is an application for dissatisfaction with a registered trademark, and if the trademark registration does not meet the requirements, the Trademark Office or the right holder may file a request for invalidation. In addition to the common methods of defense, reexamination, trade name, etc., enterprises can also take other methods to deal with trademark invalidation. This article will introduce the background and reasons for trademark invalidation, as well as other ways to deal with it in addition to defense, reexamination, and trade name.
Trademark invalidation is an application against a registered trademark, and the trademark office or the right holder may file a request for invalidation when the trademark registration violates relevant regulations or harms the public interest.
Trademark invalidation usually occurs in the following cases:
1.The trademark registration contains a sign or shape that cannot be used;
2.obtaining trademark registration by fraud or other improper means;
3.Trademarks infringe upon the legitimate rights and interests of others, such as trademark rights, patent rights, copyrights, etc.
In addition to the common methods of defense, reexamination, trade name, etc., enterprises can also take the following methods to deal with trademark invalidation:
1.Organize evidence materials in a timely manner
For trademark invalidation requests, enterprises should organize relevant evidence materials in a timely manner to support their own positions.
2.Seek professional support
You can entrust a professional intellectual property agency** to assist in handling trademark invalidation matters to ensure reasonable rights and interests.
3.Actively participate in the defense
Enterprises should actively participate in the defense of trademark invalidation requests and put forward reasonable defense opinions.
4.Control the scale of trademark use
Before the invalidation of the trademark is made, the enterprise should control the scale of trademark use to avoid further infringement or loss.
The process of trademark invalidation usually includes:
1.collation of evidentiary materials;
2.Preparation of an application for invalidation;
3.Submit the application to the State Intellectual Property Office;
4.The State Intellectual Property Office accepts the application;
5.Trademark Owner's Defence;
6.The result of the ruling of the State Intellectual Property Office.
Trademark invalidation is an important means to protect trademark rights and interests, and enterprises should respond to it in a timely manner and actively participate in the relevant procedures. In addition to the common methods of defense, reexamination, trade name, etc., enterprises can also adopt other methods to effectively protect their trademark rights and interests. Measures such as entrusting a professional agency and controlling the scale of trademark use are helpful to deal with trademark invalidation and protect the legitimate rights and interests of trademarks.
The trademark is invalid