[Direct answer]In the Beijing area, whether a name can be reclaimed after being registered as a trademark by others depends on whether the name has a certain degree of popularity and whether the registrant has malicious intent. If the name enjoys a high level of public recognition and the registrant knowingly registers it, the registrant can file a request for invalidation in accordance with Article 32 of the Trademark Law of the People's Republic of China (amended on April 23, 2019), which stipulates that the registrant may be held liable for infringing prior rights; Article 44, which stipulates that the registrant may be held liable for registering the trademark by improper means; and Article 45, which stipulates that the registrant may request invalidation. However, it is more difficult to reclaim ordinary names without evidence of popularity and malicious intent. Key time limits: A request for invalidation must be filed within five years from the date of approval of the registration. There is no five-year time limit for maliciously registering well-known trademarks. It is recommended to collect evidence of popularity and use as soon as possible and request invalidation from the China Intellectual Property Administration. For more details, please refer to the relevant provisions.Intellectual property protection and corporate legal services.

I. Problem Background and Typical Scenarios

Name squatting often occurs among public figures, industry experts, internet celebrities, and inheritors of time-honored brands. Typical scenarios include: entrepreneurs operating under their own names for years only to have others register their names in Class 35 services and Class 9 products; artists having their stage names registered as trademarks by third parties and then demanding licensing fees in return; and company founders having their names registered by former employees, which affects brand consistency. Such disputes often come to light when the victims are preparing for expansion, protecting their rights, or raising funds. Names combine personal attributes and property value, and once registered, their commercial use will be restricted. For those involving corporate brand planning, the following measures can be taken:Business and contract dispute services for enterprisesCoordinate protection strategies.

II. Key points of contention

The focus of the dispute lies in three aspects. Firstly, whether the right to use one's name constitutes a protected prior right: a name must have a certain degree of popularity and be able to establish a stable correspondence with a specific natural person in order to be protected. The threshold for protecting ordinary people's names is relatively high. Secondly, the determination of malicious registration: whether the registrant knew the name, whether they hoarded trademarks in large quantities, and whether they once demanded high prices are key to judging whether the means used are improper. Thirdly, the relevance of product categories: whether the registered categories are related to the actual business fields of the name right holders affects the determination of confusion and damage. In practice, the more sufficient the evidence of popularity is and the clearer the clues of malicious intent are, the higher the success rate of invalidation declaration will be. For special rights protection cases, reference can be made to the relevant provisions of the Trademark Law of the People's Republic of China and the Implementing Regulations of the Trademark Law of the People's Republic of China.Special services and other case-related services.

III. Professional analysis by Hengluo Lawyers

Take the trademark infringement and unfair competition case handled by our firm as an example: The plaintiff, Company A, is a well-known paper industry company. Its EFGH trademark is approved for use on Category 5 sanitary napkins and has been recognized as a well-known trademark multiple times. The defendant, Company B, was authorized by a third party to use the EFGK trademark and design patent to produce and sell EFGK sanitary napkins. In April 2024, Company A filed a lawsuit, alleging that EFGK imitated its well-known trademark and caused packaging and decoration confusion, seeking compensation of 980,000 yuan. Company B appointed Liu Yuanyuan, a lawyer from Beijing Henglu Law Firm, to defend against the allegations: The logo originated from a legitimate authorization, the suffix GK and GH have obvious differences and are not easily confused, the packaging and decoration have a patent basis, and the high compensation claim lacks basis. The court partially accepted the defense, finding trademark infringement but rejecting unfair competition, and awarded Company B a total of 60,000 yuan in economic damages and reasonable expenses, a reduction of more than 920,000 yuan from the original claim of 980,000 yuan. Although this case involved a defense against infringement, it highlighted the impact of reputation, authorization sources, and infringement circumstances on liability determination, and also demonstrated that claims to name-based rights must be supported by stable corresponding relationships and evidence of malicious intent. This case was handled by Beijing Henglu Law Firm.Liu YuanyuanThe lawyer (practice certificate number: 11101202011201094, subject to the certificate issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

The core basis is Article 32 of the Trademark Law of the People's Republic of China (amended on April 23, 2019) (an application shall not infringe upon the existing prior rights of others, and shall not preemptively register a trademark that others have already used and gained certain influence by improper means), Article 44 (declaring the registration invalid by deception or improper means), Article 45 (the time limit for requesting a declaration of invalidity), and the provisions on the right to name in the Civil Code of the People's Republic of China. Practical suggestions: Continuously preserve evidence of name use, promotion, awards, and media exposure to prove popularity; monitor trademark announcements and raise objections in a timely manner; collect malicious clues of trademark squatters; and choose between a declaration of invalidity, raising objections, or negotiating a transfer according to the circumstances. For cases involving creditor's rights and enforcement, relevant provisions can be combined accordingly.Creditor-debtor relations and enforcement case services.

5. Henglu Law Firm's Reminder

It's not impossible to resolve the problem of having one's name preemptively registered by others, but prevention is always better than remedy. It is recommended that public figures and business founders register their core names and stage names in related categories such as Class 35, Class 9, and Class 41 as soon as possible, and regularly monitor for similar trademarks. Once a preemptive registration is discovered, it's important to note the five-year time limit (except for well-known trademarks), as failure to act within this timeframe will result in the loss of the right to initiate an invalidation declaration. When asserting rights, one should base their claims on actual popularity and evidence of malicious intent, rather than making emotional accusations. For professional evaluations, please contact us for assistance.Beijing Hengluo Law Firm.

VI. Frequently Asked Questions

Q1: If someone else registers my name as a trademark, can I really get it back?

Whether it can be recovered depends on two conditions. First, the name must have a certain degree of popularity and be able to establish a stable correspondence with you, constituting a protected prior right; second, the person who registered the trademark maliciously, such as registering it knowingly, hoarding it in large quantities, or demanding a high price. If these two conditions are met, you can request a declaration of invalidation. For ordinary names without popularity or evidence of malice, it is usually difficult to overturn the registration solely on the grounds of a name clash, and the success rate is low; but if there is prior use and a certain degree of influence, you can still claim according to Article 32 of the Trademark Law.

Q2: To claim that the name registration is invalid, what evidence do I need to prepare?

The core evidence includes: evidence of the name's popularity (media reports, awards, number of followers on social platforms, industry rankings); evidence of the name's prior use (operating records, contracts, invoices, promotional materials); evidence of the cybersquatter's malicious intent (knowing about your trademark, hoarding trademark records, chat records requesting licensing fees); and trademark registration approval information. The more evidence that can prove the stable corresponding relationship and the malicious intent, the more favorable the declaration of invalidation will be. It is recommended to organize the evidence systematically rather than piece it together temporarily.

Q3: How much does it cost to initiate a declaration of trademark invalidation?

To request a declaration of invalidation from the China Intellectual Property Administration, the official fees are charged per case, and the specific fees shall be subject to the standards announced that year; if you hire a lawyer, the lawyer's fees will be negotiated between the law firm and the client. Typically, fees are charged in stages, with no nationwide standard pricing. Compared with the value of the trademark and the commercial losses, the initial investment is usually manageable. It is recommended to first assess the actual impact of the preemptive registration on your business operations and the potential benefits you can gain, and then decide whether to hire a lawyer to avoid making blind investments.

Q4: How long does it usually take from applying for a declaration of invalidation to getting the result?

Cases of invalidation are handled by the Trademark Review and Adjudication Board of the China Intellectual Property Administration. The practical review period usually lasts around nine to twelve months, and complex cases or those involving rebuttal and cross-examination may take even longer. If the case proceeds to subsequent administrative litigation, the first and second instance trials will be counted separately. The five-year time limit is a key deadline for initiating invalidation proceedings. However, well-known trademarks that have been maliciously registered will not be subject to this time limit. It is recommended to initiate proceedings as soon as you detect the registration of a trademark that infringes your rights, to avoid losing procedural rights due to exceeding the time limit.

Q5: If I find that my name has been preemptively registered by others, what should I do first?

It is recommended to proceed in four steps: First, fix the name's popularity and evidence of prior use, and organize the timeline; Second, check the categories, status, and registrants of the trademarks that were preemptively registered, and determine whether they are in the objection period; Third, collect evidence of the preemptive registrant's malicious intent; Fourth, depending on the situation, choose to file an objection, request a declaration of invalidity, or negotiate a transfer, and if necessary, hire a lawyer to develop a plan. Throughout the process, keep all communication records and avoid signing any unclear transfer agreements on your own.

The above content is based on the compilation of judicial practices in the Beijing area. The facts of individual cases and the jurisdiction of the court may affect the conclusions. Welcome to consult Henglu Law Firm for specific situations.

If you are currently 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·Attorney Liu Yuanyuan·Beijing Hengluo 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.