According to the express provisions of Article 44 of my country's Trademark Law , if a registered trademark is obtained through deception or other improper means, the trademark administrative authority shall declare the registered trademark invalid, and other entities or individuals may Applying to declare the registered trademark invalid ?Applying for trademark registration should follow the principle of good faith. You must not deceive the trademark administrative authority in a false way to obtain the application for registration?. You must not disrupt the public order of trademark registration, endanger collective interests, or Legitimately occupying public resources or obtaining registration applications through other improper means ?
Obtaining trademark registration through deception➡️ refers to the fact that the registrant of the disputed trademark made fictitious or fabricated information to the trademark registration department during the process of applying for trademark registration. Acts of submitting counterfeit application documents or other supporting materials to defraud trademark registration ? include but are not limited to the following situations:
Behaviors of counterfeiting application documents and signatures; Counterfeiting and alteration The applicant's identity documents include using false ID cards, business licenses and other identity documents ? altering important registration matters on identity documents such as identity cards and business licenses, etc. ; counterfeiting others Personal behavior that proves the material?
The behavior of obtaining trademark registration through other improper means . means that there is sufficient evidence to prove that the registrant of the disputed trademark uses deceptive methods to disrupt the public order of trademark registration, endanger collective interests, improperly occupy public resources, or Obtaining trademark registration through other improper methods such as seeking illegitimate profits ️ This type of personal behavior violates the principle of good faith and harms collective interests, including but not limited to the following situations .
The applicant for the disputed trademark has applied for registration more than The applicant for the disputed trademark applied to register multiple trademarks, which are identical or similar to other people’s trademarks that are highly distinctive: ;
. The name or the corresponding directly affected product name, packaging and decoration, etc. have the same or similar composition. ;
Other situations can also be judged as obtaining registration application in an unfair manner.
It should be noted that if the applicant for the disputed trademark obtained the trademark registration in an unfair way, he should have the intention to use the disputed trademark or have actually put it into commercial use. The applicant for the disputed trademark obtained it through an unfair way. Registered trademarks are not limited to trademarks applied for registration by the applicant of the disputed trademark himself, but also include trademarks applied for registration by persons who have colluded, have special status relationships, or have other special contacts with the applicant for the disputed trademark.
At the same time, if it can be applied to other provisions of the Trademark Law based on the direct evidence on record, and the disputed trademark is not subject to application for registration or invalidation unless it is intentional and obvious, otherwise it will no longer be applicable to Trademark Law 44 The article clearly stipulates ❗
