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Trademark Invalidation

Pursuant to Article 45 of the Trademark Law, anyone may invalidate the registered trademark with the CNIPA, where the right holder abided by the Art. 13.2-3, 15, 16.1, 30, 31, 32 of the Trademark Law within 5 years upon the registration date. The term can be unlimited if registering the well-known TM with malice.registered trademark has become a generic name under the indicated goods, or where it has not been used for three years continuously without justified reasons.

The applicant may take litigation against the CNIPA within 30 days upon the receipt.

Required Docs

  • Request form;
  • ID Proof of the applicant;
  • POA;
  • Proof.

Official Fees

700 CNY per class.

Duration

Relative grounds: within 12+6 months.

Absolute grounds: within 12+6 months.