win7屏幕亮度怎么调A trademark registered in China might be revoked mainly if it either does not have distinctive features and conflict with the pre-existing lawful rights of others as provided in Article 9 of the Trademark Law of the People's Republic of China (hereinafter referred to as “Trademark Law”) or infringes the mandatory requirements prescribed in Article 10, 11, 12, 13 of the Trademark Law.
Generally speaking, there are three ways to invalidate a registered trademark in China:
1. Any person may file an opposition to a trademark which has
been given preliminary examination and approval within
工程技术研究
three months from the date it was publicly announced in
accordance with Article 30 of the Trademark Law if the
registered trademark conflicts with the pre-existing lawful
rights of others or breaches the mandatory requirements of
the Trademark Law.
2. As it is prescribed in Article 41 of the Trademark Law, if a
trademark that has been registered violates the provisions of
Article 10, Article 11, and Article 12 of this Law, or the
registration of the trademark is obtained by deceitful means
or other illicit means, any entities or individuals may
request the Trademark Review and Adjudication Board to
revoke that registered trademark.
If a trademark that has been registered violates the provisions of Article 13, Article 15, Article 16 and Article 31 of this Law, the owner or the interested persons of the trademark may, within 5 years from the date on which the trademark is registered, request the Trademark Review and Adjudication
Board to revoke that registered trademark. And the owner of a well-known trademark shall not be subject to the limit of 5 years to request the revocation of bad-faith registration.
Apart from the circumstances prescribed in the two preceding paragraphs, if there is any dispute over a registered trademark, an application may be filed with the Trademark Review and Adjudication Board for a ruling within 5 years from the date on which that trademark was registered upon approval.
鲤鱼为什么很少人吃3. If a registered trademark has not been ud for three
concutive years, any person may apply to the Trademark
Office for the revocation of the registered trademark in
accordance with Article 44 of the Trademark Law. Provisions for reference:晚香玉花语
Trademark Law of the People's Republic of China
Article 9 The trademark for which an application for registration is filed shall have distinctive characteristics easy to identify, and may not conflict with the legal rights acquired by others in priority.
A trademark registrant has the right to mark the words “Registered trademark” or a sign indicating that the trademark is registered.
Article 10 The following marks may not be ud as trademarks:
1) tho identical with or similar to the national name, national flag, national emblem, military flag or medals of the People’s Republic of China, as well as tho identical with the names of the specific sites or the names and designs of the symbol buildings of the places where the central government agencies are located;
2) tho identical with or similar to the national name, national flag, national emblem or military flag of any foreign country, except with the connt of the government of that country;杨玉乾
3) tho identical with or similar to the name, flag, or emblem of any intergovernmental international organization, except with the connt of that
organization and tho unlikely to mislead the public;
4) tho identical with or similar to the official marks, inspection marks that indicate the controlling or providing guarantee, except with authorization; 5) tho identical with or similar to the name or symbol of the Red Cross or the Red Crescent;
6) tho having the nature of discrimination against any nationality;
7) tho constituting exaggerated advertising and are deceitful; and
8) tho detrimental to socialist morality or customs, or having other harmful influences.
The place names of the administrative districts at the level of county or above or the foreign place names known by the public may not be ud as trademarks. However, the place names that have other meanings and tho ud as part of a collective mark or certification mark are exceptional; the registered trademarks that u place names shall continue to be valid.
Article 11 The following marks may not be registered as trademarks:
1) tho only having the generic names, designs and models of the commodities concerned;
2) tho simply directly indicating the quality, main raw materials, functions, u, weight, quantity or other characteristics of the commodities concerned; and
3) tho lacking distinctive characteristics.
If the marks listed in the preceding paragraph have, through usage, obtained distinctive characteristics and can be easily identified, they may be registered as trademarks.
Article 12 In ca of application for trademark registration on 3D marks, the registration shall not be granted if the figures are generated simply by the nature of the commodities, the commodity figures are needed for technical effects or the figures make the commodities become substantially valuable. Article 13 If a trademark, for which an application for registration is filed, of the same or similar commodity is the copy, imitation or translation of a well-known trademark of others which hasn’t been registered in China, and is likely to cau confusion, it shall not be registered and shall be prohibited from u.
邯郸龙湖公园If a trademark, for which an application for registration is filed, of a different or dissimilar commodity is the copy, imitation or translation of a well-known trademark of others which has been registered in China, and misleads the public and leads to possible damage to the interests of the registrant of that well-known trademark, it shall not be registered and shall be prohibited from u.
Article 15If an agent or a reprentative registers the trademark of the principal or the reprented in his/her own name without authorization, the trademark shall not be registered and shall be prohibited from u upon the opposition raid by the principal or the reprented.
Article 16 If a trademark contains the geographic mark of the commodities while the commodities do
n’t come from the region indicated by that mark, and thus misleads the public, the trademark shall not be registered and shall be prohibited from u; however, tho that have been registered in good faith shall continue to be valid.爱国词
The geographic mark mentioned in the preceding paragraph refers to the mark that indicates the region the commodities come from. And the specific quality, reputation or other characteristics of the said commodities are determined mainly by the natural factors or human cultural factors of that region.
手机怎么改时间Article 30 Any person may file an opposition to a trademark which has been given preliminary examination and approval within three months from the day it was publicly announced. If no opposition is filed after the period of public announcement expires, registration shall be granted, a trademark registration certificate shall be issued and the trademark shall be publicly announced.
Article 31 Anyone applying for trademark registration may not damage the existing rights of others obtained by priority, neither may it register, in advance, the trademark that has been ud by others and has become influential.
Article 41 If a trademark that has been registered violates the provisions of
Article 10, Article 11, and Article 12 of this Law, or the registration of the trademark is obtained by deceitful means or other illicit means, the Trademark Office shall cancel that registered trademark; and other units or individuals may request the Trademark Review and Adjudication Board to cancel that registered trademark.
If a trademark that has been registered violates the provisions of Article 13, Article 15, Article 16 and Article 31 of this Law, the owner or the interested persons of the trademark may, within 5 years from the day on which the trademark is registered, request the Trademark Review and Adjudication Board to revoke that registered trademark. And the owner of a well-known trademark shall not be subject to the limit of 5 years to request the revocation of bad-faith registration.
Apart from the circumstances prescribed in the two preceding paragraphs, if there is any dispute over a registered trademark, an application may be filed with the Trademark Review and Adjudication Board for a ruling within 5 years from the day on which that trademark was registered upon approval. The Trademark Review and Adjudication Board shall notify the parties concerned after receiving the application for ruling and request them to reply within a specified period.
Article 44 In the event of any of the following acts concerning the u of a registered trademark, the
Trademark Office shall order rectification of the situation within a specified period or shall revoke the registered trademark:
1) if the registered trademark is altered without authorization;
2) if the registrant’s name, address or any other registered matters concerning the registered trademark is changed without authorization;
3) if the registered trademark is assigned without authorization; and
4) if the registered trademark has not been ud for three concutive years.
