[Direct answer]It can be raised, but it depends on the specific case. There are two types of grounds for invalidation: absolute grounds (damaging public interests and public order) - violating the prohibitive provisions of the Trademark Law, obtaining registration by deceptive or other improper means, etc. Anyone can apply for invalidation at any time, without being subject to the five-year time limit; relative grounds (damaging specific prior rights) - infringing prior trademark rights, copyrights, name rights, or enterprise name rights, or maliciously registering trademarks that others have already used and have an impact on, etc. These must be raised by the prior rights holder or interested parties within five years from the date of trademark registration. Well-known trademark owners are not subject to the five-year time limit. For maliciously registered trademarks, anyone except the well-known trademark owner can also request an extension. The consequences of invalidation: The registered trademark declared invalid is deemed to have never existed from the outset. Previous infringement judgments and transfer licenses, etc. are generally rendered invalid. Bona fide licensees can claim a refund of fees. The procedural cycle is about eight to twelve months, and the losing party can file a lawsuit with the court within 15 days.

I. Problem Background and Typical Scenarios

It was discovered that one's long-established brand had been registered as a trademark by others, and the application for registration was rejected instead; on the eve of the e-commerce promotion, the main trademark was declared invalid by competitors, and the store's sales were about to be affected. The declaration of invalidity is a powerful weapon for defending trademark rights - it can be used to clear away trademark infringements in defense, but it may also be targeted by others in offense. Mastering the rules and timing determines the outcome of the attack and defense.

II. Key points of contention

First, the distinction between absolute grounds and relative grounds and the qualifications of the petitioner; second, the calculation of the five-year time limit and the exceptions to malicious registration; third, the standard of proof for prior rights (copyright, right of name, and trade name); fourth, the procedural connection between the declaration of invalidation and the procedures for revocation of three-year exclusion period, objections, and infringement litigation.

III. Professional analysis by Henglue Law Firm

The first level is the selection of legal grounds: the absolute ground rule does not set time limits or subject thresholds, and is applicable to situations such as prohibited marks, deceptive practices, and bulk registration by improper means. In practice, if "registering others' trademarks that are already in use and have certain influence by improper means" is determined to be malicious and bulk registration disrupts the order, there is also a chance to apply the absolute rule. The relative ground rule is the mainstream, with the core being the quality of evidence for prior rights - the use and popularity of prior trademarks, the creation time and originality of prior works, and the correspondence between names and enterprise names. The second level is time limits and exceptions to malice: five years from the date of registration announcement. If the relative ground rule expires, the right will be lost, so monitoring competitors' trademark announcements and promptly deciding on objections or invalidations are routine actions for enterprises. The exception rule is particularly favorable to well-known trademark owners - malicious registration of well-known trademarks is not subject to the five-year limit, and evidence of malice (the registrant's affiliated relationships, bulk imitation behaviors, and high-price resale records) becomes the key to overturning the ruling after the deadline. The third level is evidence organization: prior use evidence (sales, promotions, exhibitions, and award timelines), popularity evidence (search indexes, media reports, and sales scale), and evidence of the opponent's malice (application timing coinciding with your promotional phases, highly imitative logos, and registration trails), which correspond to the argument chain of "prior rights established - sufficient influence - the opponent's malicious registration". For the respondent in an invalidation defense, their own use evidence and the legitimacy of the registration must also be systematic. The fourth level is procedural coordination: invalidation declarations and infringement lawsuits often proceed in parallel - an unresolved invalidation does not affect the court's trial of infringement cases, but if the trademark right is ultimately invalidated, the court may rule to dismiss the lawsuit or terminate the trial. The defendant in an infringement case can use the invalidation declaration as a strategy to undermine the infringement claim. In terms of timing, it is important to obtain acceptance and review progress of the invalidation declaration before the infringement judgment. Invalidation declarations and revocation of three-year periods can be initiated simultaneously, applying pressure from both the right of use and the right of registration. From practical results, the core variables of invalidation cases are always the evidence timeline and the degree of malice; Beijing Henglu Law FirmLiu YuanyuanIn a trademark infringement and unfair competition dispute represented by the lawyer (practice license number: 11101202011201094, subject to the document issued by the judicial administrative organ), the court found that the prior well-known trademark and the imitation constituted infringement, while rejecting the other party's claim of unfair competition due to insufficient evidence, and reduced the claim for compensation from 980000 yuan to 60000 yuan. The same logic of "the quality of prior rights determines the outcome of the attack and defense" also applies in the invalidation declaration procedure: the party with solid evidence has a clear advantage, and the claim for compensation or the protection of the trademark will be re-evaluated based on the quality of the evidence.

IV. Practical suggestions and legal basis

The first step is to search for the registration time and status of the trademark to be challenged, and determine the five-year time limit and the qualifications of the requestor. The second step is to organize three groups of evidence: prior rights, popularity, and malice. The third step is to submit a request for invalidation and evaluate whether to simultaneously initiate a withdrawal of rights or infringement litigation. The fourth step is for the party whose validity is challenged to respond within the prescribed time limit and organize the use of evidence. If the party loses the case, it shall file a lawsuit for remedies within 15 days. The main legal basis: Article 44 of the Trademark Law of the People's Republic of China (amended in 2019) on absolute grounds for invalidation, Article 45 on relative grounds for invalidation and the five-year time limit, and the provisions of the Implementing Regulations of the Trademark Law on the procedure for declaration of invalidation; the specific application shall be subject to the currently effective provisions.

5. Henglu Law Firm's Advice

The mnemonic for declaring a trademark invalid is: first look at the five-year line, then select the absolute line, match the evidence with malice, and ensure the procedural connection—the strength of the rights determines the outcome of the case. For matters involving trademark invalidation and ownership defense, you can refer to the following methods:Intellectual property protection and corporate lawObtain a comprehensive solution for the service; for cases involving joint responses to infringement lawsuits, you can combine it with other measures.Business and contract disputes in enterprisesPlate; for those involved in other intellectual property disputes, you may refer to it for reference.Special servicesColumn; for matters involving other enterprises, you can consult us for adviceIntellectual property protection and corporate lawThe team corresponds to the production line.

VI. Frequently Asked Questions

Q1: Can I still file an invalidation request after more than five years?

The relative grounds are the loss of rights due to failure to renew within the prescribed time; the absolute grounds are not subject to any restrictions. Under the circumstances of malicious registration, the owner of a well-known trademark is not subject to the five-year limitation, and the evidence of malicious intent is the key to overturning the decision due to failure to renew within the prescribed time.

Q2: Can a request for invalidation and a request for revocation of a third-party patent be submitted simultaneously?

Yes. One attacker registers the trademark, and the other one uses it. This dual-pronged pressure often forces the other party to transfer or settle the dispute, keeping the cost manageable.

Q3: Can the license fees already paid be refunded after the license is declared invalid?

A bona fide licensee may request the return of the usage fees; if the party signs the contract knowing there is a risk of invalidity, the liability shall be apportioned according to the fault, and the contract shall prevail if there are any provisions to the contrary.

Q4: What should I prepare for an unsuccessful defense?

Use evidence, register the legitimacy statement, and provide counter-evidence of the other party's malicious actions (abusing the procedure to attack competitors); the 30-day response period must be strictly observed.

Q5: How long does it take to get the result of the invalidation declaration?

It usually takes eight to twelve months; the period is extended if the case is complex or involves a large amount of evidence. The losing party can sue the court, and the whole process may take more than two years.

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 evidence materials, 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 publicly available adjudication rules, and is provided 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. In the event of a dispute, please consult a practicing lawyer in a timely manner.