Trademark Invalidation Procedure in China

Under the Trademark Law of the People’s Republic of China and the Regulations for the Implementation of the Trademark Law, any registered trademark with legal defects may be invalidated via an administrative procedure administered by the China National Intellectual Property Administration (CNIPA).

There are two grounds for invalidation. First, absolute grounds apply to marks violating public interests or lacking distinctiveness; any entity or individual may file a request with no time limit.

Second, relative grounds cover conflicts with prior rights. Only prior right holders or interested parties may apply within five years from the disputed mark’s registration, while wellknown trademark owners (applicants) are exempt from this time limit for malicious registrations. Overseas applicants must entrust a legally registered Chinese trademark agency to file.

The procedure follows standard steps:

l Submit the invalidation application with evidence and official fees

l CNIPA conducts formal examination and issues an acceptance notice

l The registrant files a defense within the prescribed period

l CNIPA fowards a copy of the registrant’s defense to the applicant

l The applicant files evidence exchange to rebut the registrant’s defense

l CNIPA conducts substantive review and issues a decision within 9–12 months.

Either party dissatisfied with the decision may file an administrative lawsuit with the Beijing Intellectual Property Court (first instance) within 30 days upon receipt of the decision.

Upon receipt of the first-instance judgment, any party dissatisfied with the ruling may file an appeal with the Beijing Higher People's Court, marking the second instance. If any party remains unsatisfied with the second-instance judgment, they may apply to the Supreme People's Court for a retrial after the judgment enters into force.

A successful invalidation renders the trademark void from the beginning.