Trademark Opposition in China

Trademark Opposition Procedure in China

Any party may oppose a trademark once it is published in the official gazette by the China National Intellectual Property Administration (CNIPA).

Procedure for trademark opposition:

1. Notice of Opposition: Any interested party can file the notice of opposition within 3 months from the date of publication in the Trademark Gazette. The opposition must be filed in Chinese.
2. Formal examination and Counterstatement: CNIPA examines whether the opposition meets formal requirements. If accepted, CNIPA notifies the trademark applicant. The applicant has 30 days from the date of notification to submit a response.
3. Evidence submission: Both parties may submit their evidence within 3 months of filing their respective opposition or response.
4. Decision: CNIPA evaluates all submitted materials and arguments. No oral hearings are conducted; the process is entirely document-based. CNIPA issues a decision either upholding the opposition (refusing the trademark) or rejecting it (allowing registration).
5. Appeal: Applicant’s Appeal: If the opposition is upheld, the applicant may file a trademark review within 15 days of receiving the decision. Opponent’s Recourse: If the applicant wins the review, the opponent may still challenge the mark through an invalidation petition.