Guide to Trademark Registration and Protection in China (12) - Invalidation on the Basis of Relative Grounds

Where a registrant of a prior registered trademark is dissatisfied with the registration of an identical/similar trademark on identical/similar goods/services and the grant of said later registration has not yet exceeded five years, it may file a request of Invalidation with the Trademark Review and Adjudication Board for the said later trademark registration.

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.

Conditions for requesting invalidation on the basis of relative grounds of a registered trademark are as follows:

1. The applicant raising the invalidation against the registered trademark shall be a registrant of a registered trademark.
2. The applicant’s registered trademark shall be filed before the filing date of the subject trademark registration.

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.

Regulations for the Implementation of the Trademark Law of the People’s ...
Trademark Law of the People’s Republic of China