Disputes and Cancellation (Q33-Q35)
E-mail:mail@cpahkltd.com
35. Q: Can a cancellation request be filed toward a registered trademark?
  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 TMO for cancellation of the registered trademark in question.

(2) Where a registered trademark includes words or designs 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 entity or individual may request TRAB to cancel such a registered trademark.

(3) In any of the below situations: 

Where a registered trademark constitutes a reproduction, an imitation, or a translation of a well-known trademark of another person not registered in China in respect of identical or similar goods and is likely to create confusion;

Where a registered trademark constitutes a reproduction, an imitation, or a translation of a well-known trademark of another person already registered in China in respect of non-identical or dissimilar goods and is likely to mislead the public and damage the interests of the owner of the registered well-known trademark;

where a trademark is registered in the name of the agent or representative of the original trademark owner without authorization;

where a registered trademark contains a geographical indication in respect of goods not originating in the region indicated, to such an extent as to mislead the public;

where a registered trademark conflicts with prior right of another person;

Where a registered trademark is identical with a trademark which has been used by another person and enjoys certain reputation, and the registration was obtained by
unfair means.

In any of the above situations, the owner of the trademark concerned or any interested party may, within five years from the date of registration, request 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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