The Opposition Window: 3 Months to Act
Once CNIPA approves a trademark application, it is published in the Trademark Gazette. For the next 3 months, any interested party can file an opposition. This is a critical window — once it closes and the mark is registered, removing it becomes much harder and more expensive.
Who Can File an Opposition?
- Prior rights holders: Owners of earlier registered or unregistered (well-known) trademarks that are confusingly similar.
- Any person: Anyone can oppose on absolute grounds (lack of distinctiveness, deceptive nature, prohibited signs).
- Licensees and distributors: Authorized users of a mark may have standing depending on the license terms.
Grounds for Opposition
Relative Grounds (Prior Rights)
- Similarity to your prior registered mark for identical/similar goods
- Infringement of your well-known unregistered mark
- Infringement of copyright, design patent, trade name, or personal name rights
- Agent or representative filings without authorization
Absolute Grounds
- Lack of distinctiveness
- Deceptive or misleading nature
- Prohibited signs (Articles 10, 11, 12)
- Bad faith filing without intent to use
Filing an Opposition: Step by Step
- Monitor the Gazette: Regularly check the Trademark Gazette or use a monitoring service. CNIPA publishes weekly.
- Gather evidence: This is the most important step. Collect proof of your prior rights (registration certificates), evidence of use in China (sales, advertising, media coverage), and documentation of the applicant's bad faith (if applicable).
- Prepare the opposition brief: A detailed legal argument addressing each ground, supported by evidence.
- Submit to CNIPA: File within the 3-month window. Late filings are rejected.
- Wait for CNIPA decision: CNIPA typically decides within 12 months.
- Prior trademark registration certificates (Chinese or foreign)
- Notarized evidence of use: sales contracts, invoices, shipping documents
- Advertising materials, brochures, catalogues
- Media coverage, industry awards, rankings
- Consumer survey data (professionally conducted)
- Evidence of the applicant's bad faith (pattern of squatting, demand letters)
Evidence That Works
After the Decision
If you win, the opposed mark is rejected. If you lose, you can appeal to TRAB within 30 days. An unsuccessful opposition does not prevent you from filing subsequent invalidation proceedings.
Need Help with Your China Trademark?
Our team of Chinese trademark specialists is ready to assist. Free initial consultation available.
Contact Mr. Ma Jun:
WeChat / WhatsApp: +86 189 2220 6544
Email: info@chinatrademarkonline.com