After the trademark is registered, the exclusive right is obtained, and another person uses it without the consent of the trademark owner, it constitutes trademark infringement. Although a trademark has been registered, it is still possible to be revoked, and there are generally two cases of trademark cancellation: (1) it is revoked in the course of the dispute, and (2) it is revoked in the course of use. So what exactly is the trademark infringement cancellation procedure? The following is a detailed answer to this from a trademark registration agent.
First, how to exercise the cancellation procedure in trademark infringement litigation.
If the applicant has a dispute over the trademark in the registration, he may apply for a ruling within five years from the date of approval of the registration. After the trademark review and adjudication receives the application, it shall promptly notify the relevant parties for a reply, and after the defense, it is necessary to inform the parties whether to revoke or maintain the original state. Those who are dissatisfied with the decision of the Trademark Review and Adjudication Board may file a lawsuit with the court within 30 days from the date of receipt of the notice of the award. The counterparty to the trademark adjudication procedure may participate in the litigation as a third party.
Second, the issue of the determination of trademark infringement.
Any infringement of the rights and interests of another person's registered trademark is an infringement of the trademark right. According to Article 52 of the Trademark Law, infringement of the exclusive right to use a registered trademark includes:
1. using similar goods and services on the same goods and services without the consent of the trademark owner;
2. Placing a registered trademark on the market without the permission of the trademark owner. Also known as "reverse counterfeiting".
3. Sale of goods that infringe the exclusive right to use a registered trademark. According to the relevant regulations, the seller of goods that can prove that he has obtained legally and explain the source shall not be liable for compensation. Therefore, this form of trademark infringement requires the seller's subjective understanding as a requirement.
4. Acts of forging or fraudulently using the registered trademark logo of others, or selling the forged or fraudulent use of the registered trademark logo. It should be noted that this infringement infringes on trademark marks, including both "manufacturing" and "selling".
5. Other acts that harm the registered trademark rights of others;
The above is the process to be used for trademark infringement and cancellation, and I hope it will be helpful to everyone, if you have other questions, you can go to the trademark registration agency platform to understand.