Abstract:

Both cancellation and invalidation of the trademark right cause termination of a trademark right. Most national trademark laws clearly distinguish the system of trademark cancellation from that of trademark invalidation. In the current Chinese Trademark Law, however, the concept of ＂trademark right invalidation＂ is absent. Instead, the term of ＂cancellation＂ is used to refer to the above two circumstances. In fact, ＂cancellation＂ as provided for in Article 41 of the Trademark Law should have been ＂invalidation of the trademark right＂, and Articles 44 and 45 are the provisions on ＂cancellation＂. In the present amendment to the Trademark Law, the system of trademark cancellation should be strictly distinguished from that of trademark invalidation, with necessary revision and improvement made in respect of the causes of cancellation and invalidation.[第一段]