[Direct answer]In principle, it should no longer be used. According to Article 47 of the Trademark Law of the People's Republic of China, a registered trademark that is declared invalid shall be deemed to have never existed from the outset. This means that the exclusive right to use the trademark is no longer protected by registration. Continuing to use it not only loses the basis for registration rights, but also may infringe on others' prior trademarks and bear liability for infringement, or be investigated for violating the prohibition clauses. If it is necessary to continue using it, it should reassess whether there is a conflict with others' prior rights and, if necessary, apply for registration separately or obtain the authorization of the rights holder. It should be noted that trademark transfer and licensing contracts that have been performed before the declaration of invalidity, as well as judgments and rulings that have been made, generally do not have retroactive effect due to the declaration of invalidity. However, if the trademark registrant maliciously causes losses to others, compensation should be provided.

1. Problem background and typical scenarios

After the trademark is declared invalid, if the logo is still used on packaging, in promotions, and on store signs, and the products continue to be sold, could the seller face legal consequences? Related long-tail searches focus on "Can a trademark still be used after it's been declared invalid?", "The consequences of a trademark being declared invalid", and "Can products still be sold with an invalid trademark?". The declaration of invalidity fundamentally affects the legal basis of the rights, and the legal risks of continued use cannot be ignored.

II. Key points of contention

The controversy focuses on four points: first, whether the effect of the declaration of invalidity is retroactive; second, the infringement and administrative risks of continued use; third, the feasible path to reapply for or obtain authorization; and fourth, the retroactive issue of contracts and settled matters before the declaration of invalidity.

III. Professional analysis by Henglue Lawyers

The first layer is the retroactive effect on effectiveness. The exclusive right to use a registered trademark that is declared invalid is deemed to have never existed, meaning that the trademark does not have exclusive effect from the outset. However, this retroactive effect primarily targets the trademark rights themselves, and the law imposes restrictive provisions on executed contracts and effective judgments to avoid excessive disruption to the transaction order. The second layer is the risk of continued use. After losing the right to register, if the logo is identical or similar to a trademark registered by others before, it may constitute trademark infringement. If it violates the prohibited provisions of the Trademark Law, it may also face penalties from market supervision departments, such as being ordered to stop use and fined. The third layer is feasible solutions. It can be evaluated whether the logo is registrable, and the logo or category can be adjusted and reapplied for registration. Alternatively, negotiations can be conducted with the prior rights holder to obtain authorization and permission. For products and packaging already on the market, transition and replacement plans should be developed to minimize losses. The fourth layer is liability and compensation. If the trademark registrant causes losses to others maliciously, they should bear compensation liability. Whether the license fees and transfer fees collected before the declaration of invalidity should be refunded needs to be determined based on contractual provisions and whether the act was malicious. Henglue Law Firm reminds that after receiving the decision on declaration of invalidity, it is necessary to promptly evaluate the brand and product lines and develop compliant replacement solutions to avoid expanding the risk of infringement. This case is handled by Beijing Henglue Law Firm.Liu YuanyuanThe lawyer (practice license number: 11101202011201094, subject to the document issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

Action list: First, evaluate the registrability of the logo and conflicts with prior rights; Second, develop replacement or transition plans for packaging, promotion, and products; Third, reapply for registration or obtain authorization if necessary; Fourth, pay attention to the handling of invalid pre-contracts and fees already received. Main legal basis: Articles 44, 45, 47, and 57 of the Trademark Law of the People's Republic of China (amended in 2019); relevant provisions of the Implementing Regulations of the Trademark Law of the People's Republic of China. For intellectual property protection and corporate legal matters, please refer to the following link:Intellectual property protection and corporate lawFor team-handled cases involving disputes over licensing and transfer contracts, they can be combined together for processingBusiness and contract disputes in enterprisesService processing.

5. Henglu Law Firm's Reminder

After the invalidation, the following three sentences should be used: The exclusive right is deemed to have never existed from the beginning, and continued use may infringe on others' rights or lead to legal action; if it is necessary to use the right, one should reapply or obtain authorization; contracts concluded before the invalidation and judgments that have taken effect will generally not be retroactively applied, and those who cause damage with malicious intent must compensate. For intellectual property protection, you can seek assistance through the following channels:Intellectual property protection and corporate lawThe team will handle it. If you have any questions about the license contract, please feel free to consult usBusiness and contract disputes in enterprisesFor those involved in difficult intellectual property disputes, they can refer to the following for reference.Special servicesColumn.

VI. Frequently Asked Questions

Q1: Can I still use the trademark if it's been declared invalid?

In principle, it should not be used any further. After the declaration of invalidation, the exclusive right to use the trademark is deemed to have never existed. Continuing to use it may lead to conflicts with others' prior trademarks or violations of prohibitive clauses, posing risks of infringement and administrative investigations. It is recommended to evaluate the situation and either replace it or apply for a new trademark after careful consideration.

Q2: What are the consequences of a trademark being declared invalid?

The exclusive right is deemed to be non-existent from the outset, losing exclusive protection; transfer and licensing contracts that have been executed and judgments that have taken effect are generally not retroactively affected. However, if the registrant causes losses to others through malicious acts, they shall bear compensation liability.

Q3: Can an invalid trademark still be sold?

There are risks involved. If you continue to use this logo to sell products and it is identical or similar to someone else's prior trademark, it may constitute infringement and you may be required to stop using it and pay compensation; those who violate the prohibition clauses may also be subject to investigation by the market supervision authorities.

Q4: Can I reapply for registration?

You can give it a try. You need to reassess the registrability, distinctiveness, and conflicts with others' prior rights of the logo, and then adjust the logo or category and reapply. If the conditions are met, you can also negotiate with the prior right holders to obtain authorization for use.

Q5: Is the previous contract still valid?

Generally, a contract will not automatically become invalid just because it has been declared invalid. Transfers and licensing contracts that have already been executed, as well as judgments and rulings that have been made, are usually not subject to retroactive effects. Whether the fees should be refunded should be determined based on the contractual provisions and whether there is malicious intent involved.

The above Q&A is mainly based on the judicial practice in the Beijing area. There may be differences in the adjudication guidelines in different regions. It is recommended to consult a professional lawyer based on the specific circumstances of the case.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence to avoid missing the statutory time limit. →Intellectual property protection legal services·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and open adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If you encounter disputes, please consult a practicing lawyer in time.