Article 44  The Trademark Office shall annul the registered trademark if it violates the provisions of Articles 4, 10, 11, 12 or Paragraph 4 of Article 19 of the Law, or it was acquired by fraud or any other improper means. Other units or individuals may request the Trademark Review and Adjudication Board for a ruling to annul such a registered trademark.
The Trademark Office shall notify the party concerned in writing of the nullification of the registered trademarks. Where the party concerned is dissatisfied with the ruling may apply to the Trademark Review and Adjudication Board for a review within 15 days from the receipt of the notice. The Trademark Review and Adjudication Board shall make a ruling within nine months from the receipt of the application, and notify the party concerned in writing. In case of prolonging such period for certain special situations, it may be prolonged for three months after the approval of the administrative department for industry and commerce under the State Council. In the event that the party concerned is dissatisfied with the ruling of the Trademark Review and Adjudication Board, it may appeal to the People's Court within 30 days from receipt of the notice.
Where other units or individuals request the Trademark Review and Adjudication Board for nullification of a registered trademark, the Trademark Review and Adjudication Board shall notify relevant parties upon receipt of the application, and request them to submit arguments within a specified time. The Trademark Review and Adjudication Board shall make a ruling on maintaining or nullification of registered trademark, and notify the party concerned of such ruling. Where the period is required to be prolonged in special circumstances, it may be extended by three months after the approval of the administrative department for industry and commerce under the State Council. In the event that the party concerned is dissatisfied with the ruling of the Trademark Review and Adjudication Board, it may appeal to the People's Court within 30 days from receipt of the notice. The people's court shall notify the counterparty of the trademark ruling procedures of participation in the proceedings as a third party.
 

Article 45  Where a registered trademark stands in violation of the provisions of Paragraphs 2 and 3 of Article 13, Article 15, Paragraph 1 of Article 16, Article 30, Article 31 and Article 32 hereof, the prior right owner or interested party may, within five years upon the registration date of such trademark, apply to the Trademark Review and Adjudication Board for nullifying the same. In the event of malicious registration, owners of well-known trademark may exempt from the aforesaid five- year duration.
The Trademark Review and Adjudication Board shall, upon receipt of the application for nullification, notify the party concerned and request the same to respond with arguments within a specified period. The Trademark Review and Adjudication Board shall, within 12 months upon receipt of such application, make a ruling on maintaining or nullification of registered trademark, and notify the party concerned of such ruling in writing. In case of prolonging such period for certain special situations, it may be prolonged for six months after the approval of the administrative department for industry and commerce under the State Council. In the event that the party concerned is dissatisfied with the ruling of the Trademark Review and Adjudication Board, it may appeal to the People's Court within 30 days from receipt of the notice. The people's court shall notify the counterparty of the trademark ruling procedures of participation in the proceedings as a third party.
During the review of nullification by the Trademark Review and Adjudication Board in accordance with previous provisions, where the determination of prior rights referred to is based on another case that the people's court is hearing or the administrative authority is handling, such review may be suspended. After the cause for such suspension is eliminated, the review shall be resumed.
 

Article 46  Upon expiry of the legal term, in the event that no party concerned applies for review against the decision of nullification of the registered trademark by the Trademark Office or files any lawsuit with respect to maintaining or nullification of the registered trademark by the Trademark Review and Adjudication Board before the People's Court, the decision of the Trademark Office or review decisions or ruling of the Trademark Review and Adjudication Board shall come into force.
 

Article 47  The registered trademark deemed as invalid according to Article 44 and Article 45 shall be announced by the Trademark Office and the exclusive right to use such registered trademark deemed as inexistence ab initio.
The decision or adjudication of nullifying a registered trademark has no retroactive effect upon trademark infringement verdicts, adjudications or mediation agreements made by the People's Court that have been enforced, trademark infringement decisions made by the administrative department for industry and commerce that have been made and enforced or trademark assignment or license contracts which have been performed; provided, however, where the hostility of the trademark registrant causes losses to others, the trademark registrant shall compensate the same.
When the trademark infringement damages, assignment fee and trademark royalties will not be returned according to previous regulations, which is obviously contrary to fairness, the trademark infringement damages, assignment fee and trademark royalties shall be returned in whole or part.