After a trademark application passes CNIPA's substantive examination, it is published in the Trademark Gazette for a 3-month opposition period (2 months under the revised Trademark Law that takes effect on 1 January 2027). During this window, the owner of a prior right or an interested party can file an opposition to prevent the trademark from proceeding to registration.
Opposition proceedings are a critical enforcement tool in China, particularly for combating trademark squatting in this first-to-file country. This guide is the procedure: who can file, on what grounds, what it costs, how long it takes, and how to defend. For the strategy side (whether to oppose, invalidate, negotiate, or buy back), start with our China country guide and the first-to-file post linked above.
Pro tip: Monitor published trademarks that could conflict with yours. Start with a free trademark check to understand your brand's exposure in China.
The Opposition Period
Timeline
| Stage | Duration |
|---|---|
| Publication in Trademark Gazette | 3 months (2 months from 1 January 2027) |
| Opposition filing deadline | Last day of the publication period |
| CNIPA opposition examination | 12 months (extendable to 18 months) |
| CNIPA review (if requested by the owner of the application) | 12 months (extendable to 18 months) |
Who can file an opposition?
Since the 2014 amendment to the Trademark Law, standing depends on the ground:
- Relative grounds (conflict with an earlier trademark or other prior right): only the owner of a prior right or an interested party can oppose. This includes owners of prior trademark registrations or applications, owners of prior rights (copyright, trade name, design patent), and principals whose agents or representatives filed the trademark without consent.
- Absolute grounds (prohibited signs, lack of distinctiveness, bad faith without intent to use): anyone can oppose.
Grounds for Opposition
Relative Grounds
Article 30/31: Conflict With Prior Trademarks.
The opposed trademark is identical or similar to the opponent's prior registered or pending trademark for identical or similar goods or services. This is assessed within CNIPA's sub-class system.
Article 13: Well-Known Mark Protection.
The opposed trademark copies, imitates, or translates a well-known mark, and registration would mislead the public or damage the well-known mark owner's interests.
Article 15: Agent or Representative Bad Faith.
The party behind the application is (or was) the opponent's agent or representative and filed the trademark without authorization.
Article 32: Prior Rights and Prior Use.
The opposed trademark:
- Infringes the opponent's prior rights (copyright, trade name, etc.)
- Was filed in bad faith to register a trademark that the opponent has already used and that has gained certain influence
Absolute Grounds
Article 10: Prohibited Trademarks.
The trademark falls within prohibited categories (national symbols, deceptive trademarks, trademarks against the public interest).
Article 11: Lack of Distinctiveness.
The trademark is generic, descriptive, or otherwise lacks distinctiveness.
Article 4: Bad-Faith Filing (2019 Amendment).
The application was filed in bad faith without intent to use. This is a powerful tool against trademark squatters who file hundreds of trademarks with no genuine business purpose.
Filing an Opposition
Required Documents
| Document | Details |
|---|---|
| Opposition petition | Stating grounds, facts, and legal basis |
| Evidence package | Supporting the opposition grounds |
| Power of attorney | Authorizing the agent (for foreign parties) |
| Identity documents | Business license or equivalent |
| Prior rights evidence | Registration certificates, use evidence |
Evidence Requirements
Strong opposition cases need solid evidence:
For Prior Trademark Conflicts:
- Prior trademark registration certificates
- Evidence of use and reputation in China
- Sales data, advertising spend, market presence
- Consumer surveys (if available)
For Bad Faith or Squatting:
- Evidence the party behind the application knew of the opponent's trademark
- Business relationship between the parties
- Pattern of squatting behavior (the same party filing many unrelated trademarks)
- Evidence of the opponent's prior use and reputation
For Prior Rights (Copyright, Trade Name):
- Copyright registration certificates
- Creation dates and authorship evidence
- Business registration showing the trade name
- Evidence of prior use and public recognition
What It Costs
The CNIPA government fee for filing an opposition is ¥450 per class when filed online (¥500 per class on paper). Professional fees for preparing the petition and evidence package are additional and depend on the grounds and the volume of evidence; the current fixed price is on our pricing page.
CNIPA Opposition Decision
CNIPA will examine the opposition and issue a decision within 12 months (extendable to 18 months in complex cases).
Possible Outcomes
| Outcome | Effect |
|---|---|
| Opposition upheld | Application refused; it does not proceed to registration |
| Opposition rejected | Application proceeds to registration |
Important 2014 Amendment Change
Since the 2014 amendment, if CNIPA rejects the opposition (that is, allows the trademark to register), the opponent cannot appeal directly. Instead:
- The trademark proceeds to registration
- The opponent must then file an invalidation request with CNIPA
- This changed the dynamic significantly: opposition rejection is no longer the end
If CNIPA upholds the opposition (refuses the trademark), the owner of the application can request a review within 15 days.
Review of Opposition Decisions
Reviews and invalidations used to be handled by a separate body, the Trademark Review and Adjudication Board (TRAB). TRAB was merged into CNIPA in 2019, so both are now handled inside CNIPA by its review division. The losing party has a route in each case:
For the Owner of the Application (Opposition Upheld)
- File a review request within 15 days of the opposition decision
- The review is de novo: new evidence and arguments are considered
- Decision within 12 months (extendable to 18 months)
For the Opponent (Opposition Rejected)
- Cannot directly appeal the opposition rejection
- Must wait for registration, then file an invalidation request with CNIPA
- Invalidation can be filed within 5 years of registration (no time limit for well-known marks or bad faith)
Anti-Squatting Strategies
China's first-to-file system creates significant squatting exposure. Effective anti-squatting strategies include:
Proactive Measures
- File early and broadly. Register your trademark before entering the Chinese market
- Register Chinese character versions. File transliterations, translations, and hybrid versions
- Cover key sub-classes. Do not leave gaps in your sub-class coverage
- Monitor the Trademark Gazette. Watch for conflicting applications during the 3-month window
- Use trademark monitoring services for automated alerts on similar filings
Reactive Measures
- Opposition during publication. The most cost-effective time to challenge
- Invalidation after registration. Within 5 years (unlimited for bad faith or well-known marks)
- Non-use cancellation. After 3 years of non-use by the owner
- Article 4 bad faith. Challenge trademarks filed without genuine intent to use (2019 amendment)
- Customs recordation. Register with Chinese customs to intercept infringing goods
Defending Against an Opposition
If your trademark application faces opposition, you have the right to file a defense:
Defense Strategy
- Respond within the deadline. Typically 30 days from receiving the opposition notice
- Address each ground. Respond to every argument raised by the opponent
- Provide evidence of legitimate use. Show genuine business activity and intent
- Distinguish your trademark. Demonstrate visual, phonetic, and conceptual differences
- Challenge the opponent's standing. If they lack the required interest or prior rights
Common Defense Arguments
- Trademarks are sufficiently different to coexist
- Goods or services are in different sub-classes or trade channels
- Owner of the application has independent prior use and reputation
- Opponent's trademark lacks distinctiveness or fame
- Opposition is filed for improper purposes (harassment, delay)
If your own application was refused at examination rather than opposed, the route is different: see our China office action response service.
The GTC Advantage for Opposition Proceedings
Global Trademark Company provides trademark opposition services for China, including:
- Opposition filing: preparing and filing opposition petitions with supporting evidence
- Defense representation: defending your applications against third-party oppositions
- Review and invalidation: handling review proceedings after CNIPA decisions
- Anti-squatting strategy: proactive and reactive measures to protect your brand
- Trademark monitoring: alerts for conflicting applications in China
- Coordination with China trademark registration: an integrated protection strategy
Sources
Frequently Asked Questions
How long is the opposition period in China?
The opposition period is 3 months from the date of publication in the Trademark Gazette, and 2 months under the revised Trademark Law that takes effect on 1 January 2027. This is a strict deadline; oppositions filed after the period expires will not be accepted.
How much does it cost to file an opposition in China?
The CNIPA government fee for filing an opposition is ¥450 per class when filed online (¥500 per class on paper). Professional fees for preparing the opposition petition and evidence package are additional and vary based on complexity.
Can I oppose a trademark in China from outside the country?
Yes, but you must appoint a licensed Chinese trademark agent to handle the proceedings on your behalf, as required by Article 18 of the Trademark Law for foreign parties.
What is the success rate for trademark oppositions in China?
Success rates vary significantly based on the grounds and evidence strength. Oppositions based on clear conflicts with a prior trademark and strong evidence tend to have the highest success rates. Bad-faith oppositions under Article 4 have become increasingly successful.
What happens if my opposition is rejected?
If CNIPA rejects your opposition, the trademark proceeds to registration. You cannot directly appeal but can file an invalidation request with CNIPA within 5 years of the registration date (no time limit for well-known marks or bad-faith cases).
Can I file both an opposition and a non-use cancellation simultaneously?
You can file an opposition during the publication period and, if applicable, a non-use cancellation against other registrations of the same owner that have been registered for 3 or more years. These are separate proceedings.
What is Article 4 bad faith and how does it help?
The 2019 amendment added Article 4, which allows refusal or invalidation of trademarks filed in bad faith without genuine intent to use. This targets professional squatters who file hundreds of trademarks speculatively. It has become one of the most effective anti-squatting tools available.
Whether you need to file an opposition or defend against one, timing is what matters in China's 3-month window. Start with a free trademark check to assess your brand's exposure, then contact our experienced attorneys for a strategic assessment.
This guide reflects CNIPA opposition procedures current as of 2026. Trademark law and practice are subject to change; consult a qualified trademark professional for advice specific to your situation.
