Invalidation is the core procedure for clearing problematic registered trademarks. This guide unfolds in the practical order of "choose the grounds—prepare the evidence—run the procedure—build combinations."
1. First Determine Whether You Can File: Grounds and Time Limits
Absolute Grounds (Article 44)
The registered trademark violates the prohibited-sign provisions, lacks distinctive features, or was registered by fraudulent or other improper means. Characteristics: anyone may file, there is no time limit, and CNIPA may also initiate ex officio. Bad-faith trademark stockpiling not intended for use (Article 4) also goes through this channel.
Relative Grounds (Article 45)
Harming prior rights: conflict with prior trademarks (Article 30), prior copyright, name rights, trade name rights, etc. (former part of Article 32), squatting a trademark with a certain influence (latter part of Article 32), squatting by agents or related parties (Article 15), and imitation of well-known trademarks (Article 13). Characteristics: must be filed by a prior rights holder or an interested party, within five years of the registration date; for bad-faith registrations, the owner of a well-known trademark is not bound by the five-year limit.
Time-Limit Checklist
- Check the registration announcement date and calculate the remaining time within the five-year period;
- Prioritize filing cases approaching the five-year deadline;
- For cases already past five years, switch to assessing the absolute-grounds path.
2. Grounds-Selection Strategy
- The other party is a professional stockpiler: lead with Article 4 plus the "other improper means" limb of Article 44, using the list of trademarks in its name to prove the pattern of conduct;
- You are the direct victim: lead with Article 32 or Article 15, speaking through evidence of your prior use and the parties' relationship;
- You hold a prior registered trademark: lead with Article 30 similarity/confusion, supplemented by reputation evidence to seek broader protection;
- Combination play: combine relative and absolute grounds wherever possible, so that the whole case does not collapse if a single ground is rejected.
3. The Three-Layer Evidence Structure
Layer One: Rights Basis
Trademark registration certificates, renewal certificates, work registration certificates and creation drafts, business licenses and trade name archives, and proof of name and portrait rights. If ownership is unclear, fix ownership first.
Layer Two: Prior Use and Reputation
Contracts, invoices, customs declarations, e-commerce backend data, advertising contracts and placement records, media coverage, industry rankings, and award certificates. Hard requirements: formation date earlier than the other party's filing date; third-party records preferred; coverage of the three to five years before the filing date is ideal.
Layer Three: The Other Party's Bad Faith
A list of trademarks registered in its name with statistics on others' marks involved, records of trademark peddling, communications demanding high assignment fees, records of cooperation/agency/negotiations between the parties, and evidence of the other party's lack of actual business. Bad-faith evidence must form a chain—one or two isolated items carry limited probative value.
4. The Full Procedural Flow
- Submit the Application for Invalidation of a Registered Trademark + proof of qualification + evidence; the official fee is RMB 750 per class for paper filing (RMB 675 per class for online filing);
- The trademark review and adjudication authority accepts the case and serves a defense notification on the registrant;
- The registrant defends, and both parties may go through correction and cross-examination stages;
- A ruling is issued maintaining the registration or declaring it invalid;
- Either party dissatisfied with the ruling may file an administrative lawsuit within the statutory time limit, proceeding to first-instance and second-instance court proceedings.
The examination usually takes more than a year, and two to three years including litigation is not uncommon—factor the timeline into your business planning when filing.
5. Defense by the Respondent (Registrant)
If you are the party against whom invalidation is sought:
- Respond item by item within the defense period, focusing on proving the legitimacy of the registration (design origin, genuine use);
- If the other party claims prior rights, examine the ownership, timing, and distinctiveness of those rights;
- If the other party claims bad faith, rebut "no intent to use" with evidence of actual use;
- Assess settlement possibilities: assignment or coexistence agreements are sometimes more cost-effective than protracted litigation.
6. Combination Strategies
- Invalidation + new application: while the invalidation clears the obstacle, file your own application to hold the position, preventing others from slipping in after the invalidation succeeds;
- Invalidation + non-use cancellation: if the other party's mark has been registered for three years without any trace of use, run a non-use cancellation in parallel—the two tracks do not affect each other;
- Invalidation + opposition: if the other party has other pending applications, monitor them and file oppositions as well;
- Administrative + civil: if the other party's use already constitutes infringement, the invalidation procedure and a civil infringement lawsuit can proceed separately.
7. Self-Check of Common Causes of Failure
- Beyond the five-year limit with no absolute grounds to support the case;
- Use evidence postdating the other party's filing date or consisting entirely of self-produced materials;
- Thin bad-faith evidence—speculation without objective records of conduct;
- Ineligible standing: filing relative grounds as an interested party without being able to prove the interest.
Run through this checklist before filing to avoid most basic mistakes.
8. Where to Get Help
If you need assistance with the above process, you may book a registered agent's invalidation service on MyTMBee, with end-to-end support from material preparation to filing and follow-up.