Guide to Trademark Registration and Protection in China (13) - Invalidation on the Basis of Well-Known Marks or Prior Rights

Where the registration which is:

1. A reproduction, imitation, or translation of another party’s well-known trademark which has not been registered in China and where the goods are identical or similar, which may cause public confusion and damage the interests of the owner of the well-known mark. Or;
2. A reproduction, imitation, or translation of another party’s well-known trademark which has been registered in China and where the goods are not identical or dissimilar, which may mislead the public and damage the interests of the registrant of the well-known trademark. Or;
3. Infringe another party’s existing prior rights. Or;
4. Registrant rush to register in an unfair manner a mark that is already in use by another party and enjoys substantial influence.

And the grant of said later registration has not yet exceeded five years, owner of a well-known marks or prior rights may file a request of Invalidation with the Trademark Review and Adjudication Board for the said later trademark registration. Where the said registration is obtained in bad faith, the owner of a well-known trademark is not bound by the five-year restriction.

After receiving a copy of the "Application for Trademark Invalidation” as well as the relevant documents dispatched by the Trademark Review and Adjudication 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 Identity Certification Document of applicant
(2) Power of Attorney, executed by the applicant.
(3) Reasons and evidences.

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Trademark Law of the People's Republic of China