Legal grounds for combating pirated trade marks
(Author: Dr. Jian Xu, the China IP Blogger)
Once a pirated trade mark is identified, the legal solution is to either initiate trade mark opposition proceedings if the mark is advertised but not granted, or trade mark cancellation if the mark is granted. To start, there are three categories of legal grounds for attacking a pirated trade mark through trade mark opposition or cancellation.
Category 1: Inherent Deficiency
Inherent deficiency means either the mark itself is contrary to the legal requirements, or the registration itself is fraudulent. This category of grounds . . .
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