Article 44 (1) of the Trademark Law provides that: where a registered trademark stands in violation of the provisions of Article 10, 11 or 12 of this Law, or the registration of a trademark has been acquired by fraud or any other unfair means, the Trademark Office shall declare the registered trademark invalid; any other organization or individual may request the Trademark Review and Adjudication Board to declare such a registered trademark invalid. In the Article, "registration obtained by unfair means" includes activities of preempt trademark registrations of massive amounts or multiple times even not for use. "Unfair means" refer not only to the unfairness of the means of registration, but also to the impropriety of the purpose of registration, namely, malicious registration.

This Article applies equally to the "pending trademark" under opposition proceedings.

http://afdip.com/index.php?ac=article&at=read&did=2 626