I want to file an opposition or respond to one

Do you want to file an opposition against someone else's trademark? Or respond to an opposition?

Someone applied to register a trademark similar to yours?
Has your Trademark been protested and you may not get it protected?

Publication of the trademark is an important step in the trademark registration process in China.

Publication, a stage that is often overlooked by applicants for protection. And it is very important. Publication of the mark is when the mark has been provisionally accepted for protection by the Office, but does not yet mean registration. The Chinese Trademark Office (CNIPA) announces this to the public by publishing an entry in the Public Trademark Gazette.

This is to inform the business community of the intention to register a new trademark, while allowing other businesses and individuals to see the proposed trademark and possibly file an opposition. By filing an opposition, they can argue that the registration of this trademark would infringe their prior rights and convince the CNIPA of their case.

Opposition period – time to respond.

After the publication of the trademark, the opposition period begins, which is 3 months in China. During this time anyone who believes that the proposed trademark infringes their rights can file a formal opposition. The opposition can be based on various grounds, such as similarity to existing trademarks, copyright infringement or consumer confusion. The opposition period is an essential part of the trademark registration process, as it allows interested parties to block the registration of a mark that they believe infringes their previously acquired intellectual property rights.

Publication vs. registration – what is important to remember?

It is important to emphasise that the mere publication of the mark does not imply its registration yet. At the publication stage, the intention to register the mark may be protested, which may lead to a prolongation of the whole process or even to a refusal of registration. Traders should therefore be prepared for possible oppositions and react accordingly during the opposition period. Proper understanding and use of the opposition period can have a significant impact on the success of trademark protection in the Chinese market.

Let us file an opposition or reply to an opposition. We know how to do it well.

knowledge station

What is the publication of the trademark in China?

This is the standard stage of the registration process where the intention to register a trademark is publicly announced by the China Trademark Office (CNIPA) for possible opposition. Any interested party may file an opposition with the Office, together with a statement of grounds, which is subject to review by the Office.

Can I oppose the publication of someone else's trademark?

You cannot object to the publication itself, but you can object to the intention to register the published mark. As publication in China takes three months, you can only do this during this period.

Does an opposition hold up the trademark registration process?

es, an opposition will hold up the registration process until the case is examined.

How long does the opposition process take in China?

It can take from eight to a maximum of a dozen months, depending on the complexity of the case.

Someone has filed an objection to the registration of my trade mark. What can I do?

You must read the grounds in the opposition and respond accordingly. Preparing a response to the China Trademark Office (CNIPA) can only be done by a local representative, such as those working with Trademark Partners. Let us know, we know how to help you.

What can I do if I miss the deadline for filing an objection?

Once the time limit has expired, you can no longer file an opposition. You can, however, file an application for invalidation of the trademark, for example on the grounds of bad faith, if the applicant meets this criterion.

#File1st® File your trademark for protection

FAQ - Frequently asked questions

1. How long does the publication of the mark last in China? 

In China, the publication period is 3 months from the date of publication.

2. If my trademark has been published, does that mean that I will definitely get a trademark registration in China?  

No. The fact that your mark has been published does not yet mean yet that the mark has been registered. It only means that the China Trademark Office (CNIPA) has found no objection to registering the mark and has given preliminary approval. If any party raises a legitimate objection and the office upholds it, you will not be granted registration. If this does not happen, you will receive a trademark registration certificate at the end of process.

3. When can I oppose someone's intention to register their trademark? 

You can only do this at the publication stage if you believe your rights have been infringed and can prove it. To do this you will need the assistance of a professional representative such as Trademark Partners. Let us know, we know how to do it well.

4. How can I file an opposition to a trademark? 

Official opposition can be filed directly with the China Trademark Office (CNIPA). The application can only be filed by a local representative, such as those working with Trademark Partners. Let us know, we know how to help.

5. What happens after an objection is submitted? 

The Office examines the opposition and decides on the registration of the trademark. If it upholds the opposition, the mark is not granted registration. If it rejects it, considering that the arguments given in the opposition do not justify refusal of registration, the trademark is granted protection.

6. Can I oppose the registration of a trademark that has not yet been published? 

No, you cannot oppose the registration of a trademark before it has been published. Opposition is only possible at the publication stage, i.e. within three months from the date of publication of the mark by the Chinese Trademark Office (CNIPA).

7. What is the registration status of a trademark that has been filed but not yet published?  

This situation may mean that either the substantial examination of the application is still ongoing, or that the trademark has been refused registration and an appeal may still be pending.

8. Can an individual file an objection in China? 

Yes, everyone has the right to file an objection, whether they are a legal or natural person and whether they are based in China or outside the Middle Kingdom.

9. Can I submit an objection in a language other than Chinese? 

All documents should be submitted in Chinese and can only be submitted by a local representatice, such as those working with Trademark Partners. Let us know, we know how to help.

10. Is the publication of the mark available online? 

Yes, publications are available on the website of the China Trade Mark Office (CNIPA).

11. Can I object to the registration of trade marks on the grounds that they are similar to mine? 

Yes, if you think the new mark is too similar to yours, it infringes your rights and registering a new mark could cause confusion to consumers.

12. What evidence is needed to support an objection? 

The evidence may include, at least, evidence of acquired prior rights, evidence of use and evidence of misleading consumers.

13. What happens if my appeal is rejected? 

The trademark can be registered unless you decide to appeal the decision.

14. Does a single opposition cover all classes of goods and services for which the mark is filed? 

An opposition only covers one trademark in one class. If you want to file oppositions in a number of classes, we will need to file a number of separate applications.

15. Someone has filed an opposition against my trademark registration. Can I get a copy of the document to see the grounds? 

Yes, you should receive such a document from your representative. You will find the objection arguments in it.

16. Someone has opposed the registration of my trademark. What can I do? 

You will need to read the grounds of opposition and respond accordingly to the Chinese Trademark Office (CNIPA). A response to the office can only be filed by a local representative, such as those working with Trademark Partners. Let us know how we can help.

Other topics that may interest you