Trademark Invalidation & Analysis
We usually divide trademark invalidation applications into following situations:
Where our registered mark is invalidated by a third party;
Where we need to file invalidation against trademark filed by a third party with bad faith.
For both above two conditions, analysis for trademark invalidation is necessary.
Analysis of first type of invalidation:
Analysis of invalidation applicant:
Through analysis of the applicant, its agent and other related parties, we can understand the purpose of invalidation and judge whether such application is filed with bad faith. (For example, if the applicant has prior identical or similar trademarks, and the disputed mark was approved due to CTMO’s negligence, the invalidation application usually has no bad intention.)
Analysis of facts, grounds and citation of laws:
Though analysis of the facts, grounds, and citation of law, we can judge whether the purpose of filing the invalidation is to invalidate the mark or simply to obtain some more time. (For example, when the invalidation applicant is facing infringement penalty or litigation, it may file invalidation against the prior mark to gain more time. Usually in such penalty or litigation cases, the administrative departments or the court will wait for the decision of invalidation to continue the following procedures.)
Analysis of second type of invalidation:
Analysis of invalidation respondent:
Through analysis of the background of the respondent as well as registered or pending marks under its name, we can understand whether the disputed mark was filed with bad faith.
Analysis of invalidation grounds and citation of laws:
For invalidation filed against marks which are rushed to register with bad faith, the invalidation applicant needs to find facts of such bad faith. Through citation of related articles in China Trademark Law, we can settle a perfect invalidation form. And if the disputed mark is not filed with bad faith, the invalidation should be based on prior evidence of use and the public reputation of the cited mark.
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