Legal basis to nullify an imitated Chinese registered trademark
Based on Chinese Trademark Law, the real brand owner or interested party may nullify an imitated registered trademark, what are the legal basis:
Chris TIAN, Chinese intellectual property lawyer based in Shanghai. (email: email@example.com, mobile: +86 158 0081 4467) Chinese Trademark Law (revised version, effective date: Nov. 1, 2019): Article 45 Where a registered trademark stands in violation of the provisions of Paragraphs 2 and 3 of Article 13, Article 15, Paragraph 1 of Article 16, Article 30, Article 31 and Article 32 hereof, the prior right owner or interested party may, within five years upon the registration date of such trademark, apply to the Trademark Review and Adjudication Board for nullifying such trademark. In the event of malicious registration, owners of well-known trademark may exempt from the aforesaid five-year duration.
Article 13 （clause 2, 3） Holders of trademarks known to the public may seek for protection of well-known trademarks in accordance with the provisions hereof, when they believe that their rights have been infringed.
Where a mark is a reproduction, imitation, or translation of a third party's well-known trademark that has not been registered in China in respect of identical or similar goods, which is likely to lead to confusion, such mark shall not be registered and shall be prohibited from being used.
Where a mark is a reproduction, imitation, or translation of a third party's well-known trademark that has been registered in China in respect of different or other types of goods, which may mislead the public and damage the interests of the registrant of the well-known trademark, such mark shall not be registered and shall be prohibited from being used.
Article 15 In the event that an agent or a representative seeks to register the client's trademark in its own name without the authorization of the client and faces objection from the client, such trademark shall not be registered and be prohibited from being used. Where a trademark that the applicant applies for registration with respect to the same or similar goo ds is the same as or similar to an unregistered trademark that has been used by others, and there is contractual, business or any other relation between the applicant and others in addition to previous provisions, such trademark shall not be registered when the others raise objections. Article 16 (clause 1) In the event that a trademark containing a geographical indication of goods misleads the public for the goods does not come from the location as stated in the indication, such trademark shall not be registered and shall be prohibited from being used. However, if the registration has been obtained in goodwill, such registration shall continue to be valid.
Article 30 Where a trademark to be applied for registration is in nonconformity with the relevant provisions of the Law, or it is identical with or similar to the trademark of another person that has, in respect of the same or similar goods, been registered or preliminarily approved, the Trademark Office shall refuse the application without announcement.
Article 31 Where two or more applicants apply for the registration of identical or similar trademarks for the same or similar goods, the preliminary approval and the announcement shall be made for the trademark that was first filed. Where applications are filed on the same day, the preliminary approval, and the announcement shall be made for the trademark that is used the earliest, and the applications of the others shall be refused without announcement.
Article 32 The trademark application shall neither infringe upon another party's prior existing rights, nor be an improper means to register a trademark that is already in use by another party and enjoys substantial influence.