Guide to Trademark Registration and Protection in China (12) - Cancellation on the Basis of Improper Registration

General Information

A registered trademark, if its words or designs violate the provisions of Article 8 of the Chinese Trademark Law, or its registration was acquired by fraud or any other unfair means, constitutes a trademark of improper registration.

The said fraud or any other unfair means for acquiring trademark registrations includes:
1. Fabricating or withholding the truth or forging an application and the related documents in the registration.
2. Violating the principles of honesty and credit and plagiarizing, counterfeiting or translating any well-known trademark of another party in the registration.
3. Acquiring a trademark registration in the name of a trademark agent but without the authorization of the trademark proprietor who entrusts him in the registration.
4. Infringing on any legal prior rights of another party in the registration.
5. Using any other unfair means to acquire a registration.

The Chinese Trademark Office has the right to cancel improper trademark registrations voluntarily. If not satisfied with the Decision on Cancellation of Trademark issued by the Chinese Trademark Office, the registrant may, within fifteen days from the receipt of the Decision, file a request for Review with the Trademark Review and Adjudication Board. The decision made by the Trademark Review and Adjudication Board is final.

Any other organization or individual may request the Trademark Review and Adjudication Board to cancel improper trademark registrations. After receiving a copy of the "Application for Cancellation of Improperly Registered Trademark" as well as the relevant documents dispatched by the Board, the registrant should make observations within the specified time limit. Where no response is made before the expiration of the time limit, the examination conducted by the Board will go on unhindered. The decision made by the Board is final.

Requirements on entrusting us to proceed with the Application for Cancellation of Trademark License

1) Instruction letter, stating the name and address of the applicant, preferably with Chinese versions.
2) the number of the improper trademark registration
3) Power of Attorney, original, executed by the applicant.
4) reasons and evidence materials.