[Direct answer]In the Beijing area, there are absolute grounds and relative grounds, and the time limits are different. According to Article 44 of the Trademark Law of the People's Republic of China, if a registered trademark violates the prohibited provisions, or is obtained by fraudulent or other improper means, the Trademark Office shall declare the registered trademark invalid. Other units or individuals may also request the Trademark Review and Adjudication Board to declare it invalid. Such absolute grounds are not subject to time limits. According to Article 45, if a registered trademark is identical or similar to a prior trademark, infringes a prior right, or is registered in advance by improper means for a trademark that has been used by others and has a certain influence, etc., the prior right holder or interested party shall request a declaration of invalidation within five years from the date of trademark registration; but for malicious registrations, the owner of a well-known trademark is not subject to the five-year time limit.

I. Problem Background and Typical Scenarios

I found that my brand has been squatted and counterfeited, but the other party has registered it several years ago. Can I still apply for a declaration of invalidation? Related long-tail searches focus on "how long to file a declaration of invalidation for a trademark", "is there a time limit for a declaration of invalidation", and "can a trademark still be declared invalid after five years of registration". The time limit is the "deadline" for a declaration of invalidation. A wrong judgment may directly result in the loss of remedy opportunities.

II. Key points of contention

The controversy focuses on four points: first, the distinction between absolute grounds and relative grounds; second, the commencement and application of the five-year time limit; third, exceptions for maliciously registering well-known trademarks; and fourth, alternative remedies after the expiration of the time limit.

III. Professional analysis by Henglue Lawyers

The first level involves absolute grounds that are not subject to time limits. These include violations of the prohibitive provisions of the Trademark Law (such as being deceptive or harmful to socialist moral standards), or obtaining registration through fraudulent or other improper means. Such cases fall under absolute grounds, and any unit or individual may request invalidation without being subject to the five-year time limit; the Trademark Office may also declare invalidation ex officio. The second level concerns the five-year time limit for relative grounds. Cases involving conflicts with prior trademarks, infringement of others' prior rights (such as copyrights, name rights, or trademark rights), or preemptively registering trademarks that others have already used and gained significant influence fall under relative grounds. Such cases must be raised within five years from the date of registration; this five-year period is fixed and non-renewable, and claims made after the deadline will not be supported. The third level involves exceptions for well-known trademarks. For maliciously registered trademarks, the owner of the well-known trademark may request invalidation without being subject to the five-year time limit, but must prove that the other party acted maliciously and that their own trademark constitutes a well-known trademark. The fourth level concerns remedies after the expiration of the relative grounds period. If the relative grounds deadline has passed, parties can still seek protection based on absolute grounds or through other remedies such as revocation for non-use for three consecutive years, non-registration review, infringement litigation, or unfair competition lawsuits. Henglu Law Firm reminds that parties should promptly assess the grounds and time limits after discovering preemptive registration or counterfeiting, and avoid missing remedy opportunities due to indecision. Moreover, absolute and relative grounds are not mutually exclusive. The same trademark may involve multiple issues, and practitioners should comprehensively review prohibitive provisions, prior rights, and malicious registration to select the most advantageous combination of grounds and procedural pathways. This case is provided by Beijing Henglu Law Firm.Liu YuanyuanThe attorney (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, distinguish whether the grounds are absolute or relative; Second, check the trademark registration date and the five-year time limit; Third, collect evidence of prior rights, use, and malicious intent; Fourth, evaluate other remedies after the deadline. Main legal basis: Articles 44, 45, 47, and 49 of the Trademark Law of the People's Republic of China (amended in 2019); relevant content of the Trademark Review and Handling Guidelines. For intellectual property protection and corporate legal affairs, please refer to the following resources:Intellectual property protection and corporate lawFor cases handled by the team involving unfair competition and contract disputes, they can be combined togetherBusiness and contract disputes in enterprisesService processing.

5. Henglue Law Firm's Reminder

There are three main time limits for invalidation declarations: no time limit for absolute grounds, five years for relative grounds; malicious registration of well-known trademarks is not subject to the five-year time limit; if the time limit is exceeded, the case will be transferred to absolute grounds or other paths such as litigation. For intellectual property protection, you can contact us for further assistance.Intellectual property protection and corporate lawFor team-related matters, please feel free to consult us regarding competition and contract-related issuesBusiness 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: Within what timeframe can a request for the declaration of a trademark as invalid be submitted?

Depending on the circumstances: Absolute grounds (violation of prohibited provisions, registration by deception or improper means, etc.) are not subject to time restrictions; relative grounds should be raised within five years from the date of trademark registration, and claims made after the deadline will generally not be supported.

Q2: Is there a time limit for declaring a patent invalid?

Yes. Relative grounds are subject to a five-year time limit, which starts from the date of trademark registration and is a fixed period; absolute grounds are not subject to time limits, and the Trademark Office may also declare them invalid ex officio.

Q3: Can a trademark registration still be invalidated five years after its registration?

It's still possible. If it's an absolute reason, it's not subject to the five-year limit; if the other party registered it maliciously and the trademark of the other party constitutes a well-known trademark, the request is also not subject to the five-year limit; otherwise, it will be difficult to declare it invalid based on the relative reason after the time limit has passed.

Q4: When does the five-year period start from?

Generally, it is calculated from the date of the trademark registration that is requested to be declared invalid; for the registration date determined through procedures such as review of the rejection after the approval of the registration, the final registration date shall prevail. The specific date shall be determined based on the information in the trademark announcement and the registration certificate.

Q5: Are there any other solutions if the deadline has passed?

You can consider starting from absolute grounds, or seeking remedies through such approaches as revocation, non-registration review, infringement litigation, and unfair competition litigation for three consecutive years; it is recommended to consult a professional lawyer as soon as possible to assess the feasibility of these approaches.

This article is written based on the common judicial interpretations in the Beijing area. If the case occurs in other regions, it is recommended to consult local lawyers to verify the regional differences.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, so as 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.