Guides & FAQs

19.Filing Requirements for Cancellation on Basis of Improper Registration

1. Power of Attorney (Download), simply signed by the applicant;

2. The name and address of the applicant, and the number of the improperly registered trademark.

3. Arguments and evidential materials (Consulting us for details).

Notes:

Where a registered trademark stands in violation of the provisions of Articles 10, 11 and 12 of Chinese Trademark Law, or the registration of a trademark was acquired by fraud or any other unfair means, the Trademark Office shall cancel the registered trademark in question; and any other organization or individual may request the Trademark Review and Adjudication Board to make an adjudication to cancel such a registered trademark.

Where a registered trademark stands in violation of the provisions of Articles 13, 15, 16 and 31 of Chinese Trademark Law, the owner of the mark or any interested party may, within five years from the date of registration, request the Trademark Review and Adjudication Board to make an adjudication to cancel such a registered trademark. Where a registration was obtained in bad faith, the owner of a well-known trademark shall not be bound by the five-year limitation.