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Trademark Opposition in China

Someone has filed a mark that conflicts with yours, or filed yours outright. You have three months from Gazette publication to stop it. After that, opposition closes and the route gets slower and dearer.
We confirm your exact deadline the same day you contact us
Filed first, evidence built out in the three months after
Honest view on prospects before you spend anything

The window

3

months from publication
Article 33, Trademark Law. Not extendable. Shortening to two months from 1 January 2027.
Deadline confirmed same day
Grounds assessed before filing
Evidence built after lodging
Decision in ~12 months
Reply within 24 hours from Shenzhen

The window does not pause while you decide

If the conflicting mark was published more than three months ago, opposition has already closed and invalidation becomes the route. Send us the application number, we will confirm within 24 hours whether you are still in time.

CNIPA Code 44804

Licensed filing agency

INTA & AIPPI

Verified memberships

5,000+ Clients

Across 40+ countries

Since December 2013

Shenzhen HQ + 5 offices

Two situations

Which Side of the Opposition Are You On?

Both are handled from our Shenzhen office. The strategy is completely different.

Your brand is at risk

Someone filed a mark that conflicts with ours

A squatter has filed your brand, or a third party has filed something confusingly close in your classes. You need it stopped before it registers.

Your application is opposed

Someone has opposed our application

Your own filing has been opposed and CNIPA has notified you. You have 30 days from receipt of that notification to respond.

Grounds

What Actually Wins an Opposition at CNIPA

Two categories of ground. Most successful oppositions run more than one in parallel.

Absolute ground

Filed with no intent to use

Applications made without genuine intent to use, in volumes clearly exceeding normal business need. The 2026 revision reframes this around an objective test — whether the filing volume matches actual business need — rather than the applicant’s state of mind.

Relative ground

Conflict with your prior rights

You hold an earlier registration, or an earlier application, covering identical or similar goods in the relevant Chinese sub-classes. The most straightforward ground where your China filing predates theirs.

Relative ground

Pre-emptive filing of a mark in use

You have used the mark in China and it carries a certain degree of influence, and the applicant filed it knowing that. The revised law targets intentional pre-emptive registration directly.

Absolute ground

Lack of distinctiveness

The mark is descriptive of the goods, generic, or otherwise incapable of distinguishing one trader from another.

Absolute ground

Misleading as to quality or origin

The mark deceives the public about the characteristics, quality or geographical origin of the goods or services.

Absolute ground

Adverse social influence

The mark is contrary to socialist morality or has an otherwise unhealthy influence — a ground applied more broadly in China than most Western jurisdictions expect.

Procedure

How the Opposition Actually Runs

One detail catches most foreign brands out — see step 4.
1

File inside the window

The opposition is lodged with CNIPA before the three-month deadline. Filing secures the date — the full evidence record does not need to be complete yet.

Within 3 months

2

Build the evidence

Supplementary evidence may be filed for a further three months after lodging: prior rights, proof of use in China, sales and advertising records, and any proof of bad faith.

+3 months

3

Applicant responds

CNIPA forwards your grounds and evidence to the applicant, who has 30 days from receipt to file a defence.

30 days

4

CNIPA decides directly

There is no evidence-exchange stage. CNIPA proceeds straight to a decision without sending the applicant’s response back to you. Your opening filing has to carry the case.

~12 months

⚠ The detail that catches people out

You may not get a second bite

Unlike opposition systems in the US or EU, CNIPA runs no round of reply. Once the applicant files their defence, the examiner decides on what is already before them. An opposition filed thin, on the assumption it can be argued out later, frequently fails on that basis alone.
This is why we assess the grounds honestly before filing, and why the evidence window matters as much as the deadline itself.

If the opposition does not succeed

Opposition Is the Fastest Route — Not the Only One

Opposition — inside 3 months

Fastest and cheapest. Stops the mark before it ever registers. Decision in roughly twelve months.

Invalidation — after registration

Available once the mark registers. Slower and more expensive, but the substantive grounds are largely the same.

Non-use cancellation — after 3 years

Where the registered mark has sat unused for three consecutive years. Requires waiting, but effective against pure squatters who never trade.

Missed the window?

We handle invalidation too — send us the registration number and we’ll tell you which route applies.

Credentials You Can Verify

Judge any China IP firm on its agency registration and its memberships, not on a marketing claim.

5,000+

Clients across 40+ countries

7 registries

Certificates on file

Since 2013

Shenzhen HQ + 5 offices

44804

CNIPA Agency Code

Licensed to File at CNIPA

Foreign applicants cannot file directly with China’s IP administration: it must go through a licensed agency. Verify on CNIPA’s agent register.

AIPPI

Chinese Group · Cert. 2024002

AIPPI Chinese Group

2024 collective member, issued to Guangdong Precise Intellectual Property Agency Co Ltd.

INTA

Member

INTA Member

Listed as Precise Intellectual Property LLC in the INTA member directory.

China Trademark Opposition FAQs

Three months from the date the application is published in the CNIPA Trademark Gazette, under Article 33 of the Trademark Law. That window is not extendable. From 1 January 2027 the revised Trademark Law shortens it to two months, so the practical margin for spotting a conflicting mark is about to get a third smaller.

The mark proceeds to registration and opposition is no longer available. Your route becomes invalidation before CNIPA, a separate action heard after registration, or a non-use cancellation once the mark has sat unused for three consecutive years. Both are slower and more expensive than opposing in the window.

Two categories. Absolute grounds cover filings made without any intent to use, marks lacking distinctiveness, marks that mislead as to the character or quality of the goods, and marks with an adverse social influence. Relative grounds cover conflict with your prior rights — an earlier registration, or a mark you have already used in China with a certain degree of influence.

Evidence of your prior rights and, where relevant, the other side's bad faith: registration certificates, dated proof of use in China, sales and advertising records, and any correspondence showing the applicant knew of your brand. Supplementary evidence may be filed within three months of lodging, so a filing can be made quickly and the record built out afterwards.

The statutory target is twelve months from filing, extendable by a further six months under Article 35. The opposed party has 30 days from notification to respond. There is no evidence-exchange stage — CNIPA proceeds directly to a decision, which makes the quality of your initial filing decisive.

Yes. You can seek review of the decision, and invalidation remains available after the mark registers. We tell you candidly at the outset whether your grounds are strong enough to be worth the cost, rather than filing an opposition that has little prospect of success.

Question not answered here?

Ask us directly. We reply within 24 hours.

Find Out If You Are Still in Time

Send us the application number of the mark you want to oppose. We check the Gazette publication date, calculate your exact deadline, and give you a straight view on the grounds — within one business day.

Deadline confirmed within 24 hours
Honest view on prospects before you commit
Filed from Shenzhen, no intermediary
Licensed CNIPA agency — Code 44804

Check My Deadline

Confidential. No obligation.
Sending this does not create a solicitor–client relationship.