Antrag auf Verfügung zu Streitigkeiten und Löschung
E-mail:mail@cpahkltd.com
32. Q: Kann ein Antrag auf Löschung einer registrierten Marke gestellt werden?
  A:

A cancellation can be requested in the following situations:

(1).Where a registered trademark has ceased to be used for three consecutive years from the date of registration, any person may apply to the TMO for cancellation of the registered trademark in question;

(2).Where a registered trademark includes words or design that, in accordance with the Trademark Law, are not permitted to be used in trademarks, or the registration of a trademark was acquired by fraud or any other unfair means, the TMO shall cancel the registered trademark in question; Any other organization or individual may request the TRAB to cancel such a registered trademark;

(3) where a registered trademark is in conflict with an unregistered well-known mark in respect of similar goods/services or with a registered well-known mark in respect of goods/services that are not similar; where a mark is registered by the agent or representative in his own name without authorization of the trademark proprietor; where a registered trademark infringes the existing earlier right of another person; or where a registered trademark is a pirate of another person's trademark that has been used and enjoys certain reputation; In these cases, the owner of the trademark concerned or any interested party may, within five years from the date of registration, request the TRAB to cancel the registered trademark. Where the registration has been obtained in bad faith, the owner of a well-known mark shall not be bound by the five-year time limit.

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