File a China Trademark Invalidation Request

File a China Trademark Invalidation Request

A trademark invalidation is a legal procedure used to challenge the validity of a registered trademark in China. Due to complex invalidation proceedings, it is advisable to engage a qualified Chinese trademark agent or attorney to represent you before CNIPA. A professional representative can help ensure that all documents are properly prepared, evidence is persuasive, and deadlines are met — greatly increasing the likelihood of success.

When Can You File an Invalidation Request

The timing depends on who is filing and the grounds of invalidation:

(1) For Absolute Grounds (violations of public interest)

• Anyone can file an invalidation request at any time after the trademark is registered.
• This applies to marks violating Article 10, 11, or 12 of the Trademark Law — for instance, deceptive, discriminatory, or lacking distinctiveness.

(2) For Relative Grounds (conflict with prior rights)

• If the invalidation is based on prior rights, such as prior registered trademarks, trade names, copyrights, or designations, the request must be filed within five years from the date of registration of the disputed trademark.

However, if the disputed mark was registered in bad faith, particularly by an agent or representative without authorization, the rightful owner may file an invalidation at any time — there is no time limit for bad faith filings.

Filing a trademark invalidation request is an essential legal tool for protecting your trademark rights in China after a conflicting mark has already been registered. Should you have any further query, you are warmly welcomed to contact Tannet through visiting https://tannet-group.net/ or calling at 0086-755-82143512/13430931067.