[Direct answer]In the Beijing area, trademark invalidation declarations mainly fall into two categories: absolute grounds and relative grounds. Absolute grounds, according to Article 44 of the Trademark Law of the People's Republic of China (amended on April 23, 2019), target violations of prohibitive clauses, lack of distinctive features, or obtaining registration by deceptive means; relative grounds, according to Article 45, target infringements of others' prior rights or malicious cybersquatting. Interested parties should file a request within five years from the date of trademark registration. Famous trademark owners are not subject to the five-year time limit. In terms of procedure, a request for invalidation declaration should be submitted to the China Intellectual Property Administration and accompanied by evidence. The review period usually lasts several months to over a year. It is recommended to first verify the cited trademark and the basis of rights before deciding whether to file a request. For more details, please refer to the following link:Intellectual property protection and corporate legal services.

I. Problem Background and Typical Scenarios

The declaration of a trademark as invalid is commonly seen in two types of cases: first, the alleged infringer files an invalidation against the trademark in order to remove the registration obstacles; second, the prior rights holder discovers that someone else has preemptively registered the trademark that he/she has been using for many years. Typical scenarios include: a newly authorized registered trademark being accused of imitating a well-known trademark; a similar logo appearing on an e-commerce platform, triggering a dispute over ownership; or an enterprise's trade name, design, or copyright being preemptively registered as a trademark by others. When handling similar cases in the Beijing area, the completeness of the rights basis and prior use evidence often determines the outcome. Relevant contract and ownership disputes can be combined with these factors for consideration.Business and contract dispute resolution services for enterprisesCoordinate and make judgments comprehensively.

II. Key points of contention

The focus of the controversy lies in three aspects. Firstly, the nature of the reason: is it an absolute reason for violating the prohibition of public order, or a relative reason for infringing specific prior rights? The subjects and time limits for raising these two reasons are different. Secondly, the five-year time limit and the exception for well-known trademarks: the relative reason is subject to a five-year time limit, but there is no such limit for maliciously registering well-known trademarks. Whether it constitutes malice is the key. Thirdly, the judgment of similarity and confusion: whether the logo is similar and likely to cause confusion needs to be compared with the approved products and their distinctive parts. For issues involving debt and enforcement, reference can be made to relevant provisions.Creditor-debtor relations and enforcement case services.

III. Professional analysis by Hengluo Lawyers

Taking a trademark infringement and unfair competition dispute handled by our firm as an example, we can observe the boundaries of rights and the defense logic in trademark disputes. The plaintiff, Company A, is the well-known trademark "EFGH" for sanitary napkins in Category 5. The defendant, Company B, was authorized by an outsider to use the "EFGK" trademark and design patent in September 2023 and produced and sold the products. 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. Company B entrusted Beijing Hengluo Law Firm to defend against the allegations, arguing that the logo had legal authorization, the suffix differences were obvious and not similar, and the packaging and decoration had a patent basis, so the high compensation was unfounded. The court partially accepted the defense, ruling that "EFGH" had already constituted a well-known trademark when "EFGK" was applied for, and Company B's use constituted imitation and trademark infringement. However, since Company A failed to prove that the packaging and decoration "had a certain influence", the court rejected the claim of unfair competition. Given the short duration and small scale of the infringement, the court awarded compensation of 60,000 yuan (50,000 yuan for economic losses and 10,000 yuan for reasonable expenses), which was 920,000 yuan lower than the original claim of 980,000 yuan. This case was handled by Beijing Hengluo Law Firm.Liu YuanyuanThe lawyer (practice license number: 11101202011201094, subject to the document issued by the judicial administrative organ) acts as the agent. This case suggests that, whether it is a defense against infringement or a declaration of invalidation, evidence must be organized around the basis of rights, similarity and confusion, and the circumstances of infringement.

IV. Practical suggestions and legal basis

The core basis is Article 44 (absolute grounds for invalidation), Article 45 (relative grounds for invalidation and five-year time limit), and Article 13 (protection of well-known trademarks) of the Trademark Law of the People's Republic of China (amended on April 23, 2019); the supporting regulations include the Implementing Regulations of the Trademark Law of the People's Republic of China and the Trademark Review and Adjudication Rules. Practical suggestions: First, search for the reference trademark and registration information, and fix the evidence of prior use, popularity, and malice; pay attention to the five-year time limit for relative grounds, and well-known trademarks can break through it; submit a request for invalidation and evidence to the China Intellectual Property Administration; and file a lawsuit within the prescribed time limit if dissatisfied with the ruling. For issues involving the clearance of registration obstacles, relevant evidence can be combined accordingly.Beijing Henglu Law FirmPlease visit the official website to understand the process of confirming ownership rights.

5. Henglu Law Firm's Advice

Before filing a request for invalidation, it is essential to clarify whether the grounds for invalidation are absolute or relative. The qualifications and time limits for the two types of grounds differ significantly. For relative grounds, the focus should be on proving prior rights and malicious intent, while well-known trademarks are not subject to the five-year time limit. The evidence should be organized around issues such as similarity and confusion, popularity, and usage, and avoid making requests solely on the basis of subjective dislikes. The process can be lengthy, so it is advisable to initiate the procedure as early as possible and simultaneously consider the connection with infringement litigation or administrative complaints.

VI. Frequently Asked Questions

Q1: Is there a high probability of success in requesting the declaration of a trademark as invalid?

There's no guarantee of victory. The outcome depends on whether the grounds are valid and the evidence is sufficient. If it's a clear violation of the prohibited provisions, lack of distinctiveness, or registration by deceptive means, the success rate of absolute grounds is higher. For relative grounds, it's necessary to prove that the prior rights have been infringed and the time limit of five years has not passed (except for well-known trademarks), and solid evidence will make it easier to gain support. In practice, citing the well-known degree of the trademark, the degree of similarity, and the overlap of use are key to the judgment. It is recommended to conduct a rights assessment first and then decide whether to file a lawsuit. Never initiate legal action based solely on subjective judgment.

Q2: What evidence do I need to prepare to file a request for the declaration of a trademark as invalid?

The core evidence includes: the registration certificate and renewal certificate of the cited trademark, materials related to prior use and reputation (sales contracts, advertisements, awards, media reports), the registration information of the trademark under objection, clues of malicious squatting (such as agency relationships, business transactions, and hoarding records), and a comparison statement of rights conflicts. For relative grounds, it is necessary to prove that the rights are prior; for well-known trademark claims, cross-category well-known trademark evidence must be submitted. The more complete the materials are, the more persuasive they will be in the review stage. If necessary, a lawyer can be hired to sort out the evidence chain.

Q3: How much are the official fees and attorney fees for declaring a trademark invalid?

The official fees for invalidation requests are collected by the accepting authorities on a per-case basis, with the specific standards being determined by the China Intellectual Property Administration. Compared with litigation costs, these fees are relatively low. Lawyer's fees depend on the complexity of the case, the amount of evidence, and the lawyer's qualifications. They are usually negotiated on a per-case or per-value basis, with no standard pricing. It is recommended to clarify the charging methods and scope before entrusting the case, and to balance the benefits of protecting rights with the costs. For requests that are obviously unfounded or exceed the time limit, it is advisable to make rational choices to avoid unnecessary expenses.

Q4: How long does it usually take to get the result of a declaration of a trademark's invalidation?

After submitting the application to the China Intellectual Property Administration, the review and processing period usually lasts from several months to over a year, and it may take even longer for complex cases. If you are not satisfied with the ruling, you can file a lawsuit within 15 days from the date you receive the notice. After entering the judicial process, the first-instance ordinary procedure takes six months and the summary procedure takes three months. Overall, the process from request to final review may span one to two years. It is recommended to start the process as soon as possible and prepare litigation plans simultaneously to avoid delays in the process affecting business arrangements.

Q5: I want to file a request for declaration of the trademark as invalid. Could you please tell me the specific steps to do that?

It is recommended to proceed in four steps: First, search for the trademark being disputed and the trademarks cited by oneself, and clarify whether they fall under absolute grounds or relative grounds; Second, collect evidence of prior rights, well-known use, and malicious intent, and form an evidence list; Third, submit a request for invalidation declaration and evidence materials to the China Intellectual Property Administration, and pay the fees according to the regulations; Fourth, monitor the progress of the review and file a lawsuit against unfavorable rulings within 15 days. Throughout the process, professional lawyers can be entrusted to draft the request and comparison opinions, thereby enhancing the success rate of obtaining legal rights.

The above answer is based on the judicial practice in Beijing. The judicial interpretation 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 a timely manner.