Trademark Opposition in China

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.