[Direct answer]In the Beijing area, who has the right to request a declaration of invalidation depends on the nature of the grounds. According to Articles 44 and 45 of the Trademark Law of the People's Republic of China, if a registered trademark violates absolute grounds (such as lack of distinctiveness, deception, or adverse effects), any unit or individual may request a declaration of invalidation; if it violates relative grounds (such as infringing prior rights, preemptively registering well-known trademarks, or agent trademarks), the prior right holder or interested parties may request a declaration of invalidation within five years from the date of trademark registration. There is no time limit for maliciously registering well-known trademarks. It is recommended to first determine whether you have the subject qualifications and the type of grounds, and then file a request in a timely manner. For more details, please refer to the relevant provisions.Intellectual property protection and corporate legal services.

I. Problem Background and Typical Scenarios

Malicious cybersquatting and trademark infringement are frequent in the market. Many enterprises find that after their trademarks or brand names are registered by others, they want to regain their rights through invalidation declarations. Typical scenarios include: competitors registering trademarks that you have been using first; agents registering their clients' trademarks back-to-back; others registering logos that are similar to your well-known trademarks; and registered logos themselves being deceptive or having adverse effects. Many right holders mistakenly believe that only trademark owners can file invalidation declarations, or wonder whether there is still remedy if they miss the five-year time limit. Clarifying the subject's qualifications is the first step in initiating the procedure. Relevant disputes can be resolved in conjunction withBusiness and contract dispute services for enterprises.

II. Key points of contention

There are three main points of contention in the declaration of invalidity. Firstly, the subject qualification: Under the relative grounds, whether the petitioner is the prior right holder or a person with a vested interest is often disputed; under the absolute grounds, any subject can file a petition. Secondly, the qualification of the grounds: Whether it is an absolute ground or a relative ground directly determines the time limit and the burden of proof. Thirdly, the time limit and the determination of malice: The general time limit is within five years, and there is no time limit for proving malicious registration of well-known trademarks. For cross-border rights, reference can be made to the relevant provisions.Financial capital and cross-border services involving foreign countries.

III. Professional analysis by Hengluo Lawyers

Based on the trademark-related cases handled by our firm, the choice of legal remedies is of crucial importance. In a trademark infringement and unfair competition dispute represented by Attorney Liu Yuanyuan, the plaintiff, Company A, held a well-known trademark [EFGH] approved for use on sanitary napkins in Category 5. The defendant, Company B, was authorized by an outsider in September 2023 to use the trademark [EFGK] and the design patent to produce and sell sanitary napkins under the same name, which were sold through the e-commerce platform of Company C. Company A sued in April 2024, alleging imitation of the well-known trademark and confusion over packaging and decoration, seeking compensation of 980,000 yuan. Attorney Liu Yuanyuan raised defenses such as the existence of legal authorization for the logo, the lack of similarity with the well-known trademark, and the unfounded nature of the high compensation claim. The court partially accepted these defenses, finding trademark infringement but rejecting the claim of unfair competition, and awarding Company B compensation of 60,000 yuan (50,000 yuan for economic losses and 10,000 yuan for reasonable expenses), a reduction of over 920,000 yuan from the original claim of 980,000 yuan. This case was handled by Beijing Hengluo Law Firm.Liu YuanyuanThe attorney (practice certificate number: 11101202011201094, subject to the certificate issued by the judicial administrative organ) acts as the agent. The logic of cross-category protection of well-known trademarks is also reflected in the crackdown on malicious preemptive registration in invalidation declarations. Such cases can be connected to each other.Business and contract dispute resolution services for enterprises.

IV. Practical suggestions and legal basis

The legal basis is Article 44 (absolute grounds for invalidation, any unit or individual may request invalidation) and Article 45 (relative grounds for invalidation, the prior right holder or interested party may request invalidation within five years, except for maliciously well-known trademarks) of the Trademark Law of the People's Republic of China (amended on April 23, 2019 and implemented on November 1, 2019); as well as the provisions on subject qualifications and evidence in the Trademark Review and Adjudication Rules. Practical suggestions: First, determine the grounds and subject qualifications, collect evidence of prior use, popularity, and the other party's malicious intent; submit a request for invalidation within the five-year period or under the malicious exception circumstances; and, if dissatisfied with the ruling, one can also file a lawsuit. For cases involving licensing, relevant evidence may be combined with the aforementioned materials to support the invalidation request.Intellectual property protection and corporate legal services.

5. Henglu Law Firm's Reminder

Before requesting a declaration of invalidity, ask yourself two questions: Do I have the qualifications, and are the grounds absolute or relative? Absolute grounds can be raised by anyone, while relative grounds require that the person raising them be a prior right holder or a person with a legitimate interest, and they must comply with the five-year time limit. Malicious registration of a well-known trademark may exceed the time limit. The evidence should focus on prior use, popularity, and the other party's malicious intent. Never take action after the deadline. If you are unsure about the qualifications of the subject or the nature of the grounds, it is recommended to consult a professional lawyer as soon as possible. For more information on trademark protection, please refer to the relevant materials.The official website of Beijing Henglu Law Firm.

VI. Frequently Asked Questions

Q1: I'm not the trademark owner. Am I eligible to request a declaration of invalidation?

It depends on the type of grounds. If the trademark violates absolute grounds (such as lack of distinctiveness, deception, or adverse effects), any unit or individual is eligible to request invalidation; if it belongs to relative grounds (damaging prior rights, preemptive registration, etc.), then it must be the prior rights holder or interested parties, such as trade name rights holders, copyright holders, or prior trademark rights holders who have been preemptively registered. Requests from individuals who do not have the corresponding qualifications will not be accepted, so you should first confirm your identity before making the request.

Q2: What evidence do I need to prepare for requesting a declaration of invalidity?

The core evidence includes: materials proving your prior rights (such as trademark registration certificates, trade name registrations, and copyright registrations); evidence of prior use and popularity (contracts, invoices, advertisements, and awards); evidence of the other party's malicious intent (knowledge, affiliated relationships, and records of repeated trademark registrations); and the registration information of the disputed trademark. The evidence should be organized around the qualification of the subject and the nature of the claim, and a catalog should be prepared to facilitate the rapid identification by the reviewing authority.

Q3: How much does it cost to declare a patent invalid?

There are official fees for submitting a request for invalidation to the trademark review authority. The agency fees depend on the difficulty of organizing evidence, the complexity of the reasons, and whether litigation is involved. They are subject to the terms of the agency contract and there is no uniform standard. If the ruling is not accepted and the case proceeds to administrative litigation, additional litigation fees and attorney's fees will be incurred. It is recommended to first evaluate the subject's qualifications and the strength of the evidence, and prioritize cases with a higher chance of success.

Q4: How long does the review of an invalidation declaration take?

The trademark review and adjudication bodies generally make a ruling on invalidation cases within nine to twelve months from the date of acceptance, and the timeframe may be longer for complex cases or those requiring supplementary materials. If the ruling is appealed to administrative litigation, the first-instance review usually takes six months, and the second-instance review takes three months. Overall, it typically takes more than one to two years from the request to the final resolution. It is recommended to file the request as early as possible within the five-year time limit, and to pay attention to collecting unrestricted evidence in cases of malicious well-known trademarks.

Q5: What's the first step to initiate an invalidation declaration?

There are four steps to follow: First, determine whether the reason is absolute or relative, and confirm whether you have the qualifications to act as the principal party. Second, collect evidence of prior rights, well-known usage, and the other party's malicious intent, and compile a list of these evidences. Third, within a five-year time limit (except for maliciously famous trademarks), submit a request for invalidation and provide the necessary evidence. Fourth, monitor the ruling and, if you disagree with it, file an administrative lawsuit within the prescribed time limit. Throughout the process, keep all submitted documents and, if necessary, hire a lawyer to develop a combination plan for requests and litigation.

The above answer is based on the judicial practice in the Beijing area. The adjudication standards in other provinces and cities may vary. For specific cases, please refer to the local rules and evidence situation.

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·Attorney Liu Yuanyuan·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and publicly available 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.