Trademark invalidation

Reasons For Trademark Invalidation

Absolute Reasons

Violation of Prohibitive Clauses: It goes against Article 10 of the Trademark Law, like being identical or similar to national symbols of China or foreign countries, inter-governmental organization symbols, etc., or being discriminatory, deceptive, harmful to moral concepts or having other bad impacts.

Lack of Distinctiveness: Breaches Article 11. For example, consisting only of common names, features of goods or lacking distinct features in general, unless it gains distinctiveness through use.

Functionality Limitations: Against Article 12. Three-dimensional symbols with certain shapes derived from the nature of goods, for technical effect or giving substantial value to goods can't be registered.

Registration by Fraudulent or Unfair Means: Such as getting registered through fabricating facts, forging materials or other improper ways.

Relative Reasons

Infringement of Prior Rights:

Unregistered Well-known Trademarks: Copying, imitating or translating others' unregistered well-known trademarks in China and likely causing confusion.

Registered Well-known Trademarks: Copying, etc. registered well-known trademarks on different goods and misleading the public, harming the owners' interests.

Prior Trademark Rights: Being identical or similar to prior registered or preliminarily approved trademarks and causing confusion.

Other Prior Rights: Infringing on others' copyrights, patents, portrait rights, etc.

Malicious Registration: Registering others' unregistered trademarks by improper means like due to business relations or without authorization.

Violation of Agency or Representation Provisions: Agents or representatives registering trademarks in their own names without permission when objected by the principals or represented parties.

Trademark Containing False Geographical Indications: If it has false geographical indications and misleads the public, it can't be registered, except those registered in good faith.