China Trademark Declaration of Invalidity: Practical Guide for Cross-Border Brand Protection
As China’s market continues to attract international brands, trademark protection has become a core factor for market entry and sustainable development. In practice, malicious trademark squatting by foreign competitors or delayed domestic registrations are common challenges. Trademark invalidation (Declaration of Invalidity, CNIPA) has become an essential legal tool for overseas companies to safeguard their brand rights.
Guide Purpose
This guide provides systematic and actionable practical references for both foreign brands and Chinese domestic enterprises navigating trademark invalidation procedures in China. Depending on the situation, you can also protect your trademark rights through Opposition, Non-use Cancellation, and Litigation.
1 Overview of Trademark Invalidation and Legal Basis
1.1 Definition of Trademark Invalidation
Trademark invalidation is an administrative procedure where any individual or entity may request the China National Intellectual Property Administration (CNIPA) to declare a registered trademark invalid from the outset if it has legal defects or violates prohibited registration provisions.
Key Difference from Opposition:
1.2 Legal Basis and Applicable Paths
According to the Trademark Law of the People’s Republic of China, trademark invalidation mainly follows two paths:
Path 1: Based on Absolute Grounds (Article 44)
- Trademark lacks distinctiveness
- Registration obtained through deception
- Registration obtained by other improper means (commonly used to counter malicious hoarding, cross-class squatting, or imitation)
Path 2: Based on Relative Grounds (Article 45)
- Infringement of prior trademark rights (registered or well-known unregistered trademarks)
- Trademark squatting by another party
- Infringement of prior use rights
2 Invalidation Procedures and Timeline
2.1 Standard Procedure
Application Submission
Submit the invalidation request and supporting evidence via the CNIPA website.
Formal Examination
Review completeness of forms and supporting documents.
Substantive Examination
CNIPA examines the grounds and evidence; may request supplementary documents.
Opposition or Defense
The respondent may submit a defense or counter-evidence.
Decision Issuance
CNIPA issues the invalidation decision.
Administrative Litigation (Optional)
Either party may file for judicial review if dissatisfied with the CNIPA decision.
China Declaration of Invalidity Procedure Flowchart
Note: This flowchart illustrates the complete trademark invalidation process in China, from initial application to potential judicial review.
2.2 Fees and Timeline
| Item | CNIPA Fee | Reference Agency Fee | Timeline |
|---|---|---|---|
| Per-class invalidation | RMB 675–750 | Complex cross-border cases: RMB 20,000–100,000 | 12–18 months, may extend |
| Defensive registration | RMB 270–300/class | USD 300-800/class | 6–9 months |
Note: Timelines may extend by 1–2 years depending on case complexity, evidence volume, and whether litigation occurs.
3 Evidence Strategy and Offensive/Defensive Logic
3.1 Offensive Strategy (Proactive Enforcement)
Objective: Remove obstacles and secure full trademark rights in China.
Core Strategies:
- Legal Path Selection: Prioritize Article 44 (“Registration obtained by improper means”) as it has no five-year limit.
- Focus on Malicious Registration by Cross-Border Competitors: Emphasize “systematic malicious registration” evidence.
Key Evidence:
| Evidence Type | Example | Purpose |
|---|---|---|
| Prior Use | Production/export contracts, customs declarations, product photos with marks | Prove trademark was commercially used in China |
| Brand Influence | Overseas sales, international trade shows, awards, media coverage | Establish international recognition and industry influence in China |
| Malicious Registration | Competitor’s trademark portfolio, affiliated companies, historical squatting patterns, offer-to-sell emails | Demonstrate competitor’s bad faith |
| Likelihood of Confusion | Industry association reports, inquiries/misidentification by customers | Prove coexistence may cause confusion in the market |
Practical Recommendations:
3.2 Defensive Strategy (Responding to Invalidation)
Objective: Maintain validity of registered trademarks and commercial arrangements.
Core Strategies:
- Strengthen Rights: Provide continuous and genuine use evidence (contracts, invoices, advertising, product photos).
- Good Faith Creation: Demonstrate independent creation and legitimate intent.
- Procedural & Substantive Defense: Verify applicant eligibility, time limits, and challenge evidence credibility.
- Counter Malicious Claims: Show actual use and that the trademark is not connected to others’ brands.
4 Cross-Border Practical Case References
| Case Type | Overview | Core Actions |
|---|---|---|
| Case A | Overseas medical device brand phonetic name registered by domestic competitor | Collect evidence via website snapshots, trade show marketing, similar trademark lists; declare invalid based on improper means |
| Case B | Dutch brand registered under Madrid Protocol with wrong class, allowing same-country competitor to squat | Use production/export evidence and competitor’s same-country connection to prove malicious registration |
| Case C | Domestic company facing invalidation claim | Submit genuine use evidence, refute insufficient influence or bad faith claims, ultimately maintain trademark validity |
Based on our practical experience, in recent years, the CNIPA has placed significant weight on the applicant’s/registrant’s pattern of filing/registration behavior in combating malicious registrations. This has become a key basis for examiners to determine whether it constitutes “bad-faith registration without intent to use.”
5 Overseas Brand Strategies and Recommendations
Prevention First
- Register trademarks in China covering core product classes and related services.
- Plan Madrid Protocol class designation carefully before registration.
Trademark Monitoring
- Monitor initial publication periods to detect potential squatting early.
Evidence System Construction
- Systematically retain domestic and overseas use evidence.
- Regularly organize supply chain, trade show, and media data to form evidence files.
Professional Local Agency Collaboration
- Engage experienced Chinese local agents with administrative litigation and invalidation experience.
- Work with attorneys to ensure evidence compliance, notarization, and translation accuracy.
6 Actionable Evidence Collection Templates
6.1 Offensive Evidence Collection
| Category | Specific Evidence | Source/Method | Legal Purpose | Status/Notes |
|---|---|---|---|---|
| Prior Use | Purchase contracts, design drawings, production orders, QC reports | Chinese factories | Prove commercial use in China | To Collect / Collected |
| Logistics & Export | Customs declarations, shipping orders, warehouse photos, product photos with marks | Export records, 3PL | Prove public and legal use | To Collect / Collected |
| Overseas Sales | Sales contracts, invoices, platform records, annual sales | Overseas branches, platforms | Prove international brand recognition | To Collect / Collected |
| Promotion & Media | Trade show contracts, booth photos, website/social media screenshots, ad contracts | Internal company data, trade show organizers | Demonstrate brand influence and recognition | To Collect / Collected |
| Awards & Third-Party Reports | Industry awards, media coverage, market research reports | Industry associations, third-party agencies | Support brand reputation and influence | To Collect / Collected |
| Malicious Registration | Competitor’s trademark list, affiliates, offer-to-sell emails | CNIPA database, commercial investigation | Prove systematic malicious registration | To Collect / Collected |
| Confusion Risk | Customer/supplier inquiries, misidentification records | Sales/CS internal records | Prove actual market confusion risk | To Collect / Collected |
6.2 Defensive Evidence Collection
| Category | Specific Evidence | Source/Method | Legal Purpose | Status/Notes |
|---|---|---|---|---|
| Use Evidence | Sales contracts, invoices, ads, product photos | Internal company | Prove actual trademark use | To Collect / Collected |
| Good Faith Creation | Trademark design drafts, application files | Internal design team | Demonstrate independent creation and no bad faith | To Collect / Collected |
| Procedural & Substantive Defense | Registration process documents, defense records | CNIPA, agency | Counter applicant claims | To Collect / Collected |
| Brand Recognition & Influence | Market research, media coverage, industry awards | Third-party reports | Refute claims of insufficient recognition | To Collect / Collected |
7 Call to Action (CTA)
Protect Your Brand Rights in China Now
To maximize protection of your brand in China, it is recommended to:
Initiate Investigation and Evidence Collection
Engage professional agents to analyze the squatter’s trademark portfolio and affiliations; systematically collect production, export, sales, and promotion evidence.
Simultaneous Defensive Registration
File defensive trademark applications in key classes immediately to prevent further losses.
Strategic Planning and Lawyer Collaboration
Work with local counsel to form a coherent invalidation strategy; dynamically supplement evidence to ensure maximum success.
Contact us now to receive a customized Invalidation Action Plan, helping you quickly build an evidence chain and initiate legal action.
8 FAQ (Frequently Asked Questions)
Q1: Can an overseas brand file an invalidation without selling in China?
A: Yes. Chinese law recognizes “commercial use” beyond sales, including production, processing, export, and public display. Legitimate, continuous, and public activities are sufficient as prior use evidence.
Q2: How long does invalidation take?
A: Standard administrative decisions take 12–18 months; complex cross-border cases or defenses may extend to 24 months. Judicial review may add 1–2 years.
Q3: Are overseas evidence materials valid?
A: Yes, if notarized and translated into Chinese, with original documents and authentication certificates preserved.
Q4: Does having a same-country competitor make malice easier to prove?
A: Yes. CNIPA and courts consider regional and industry relationships; competitors from the same country are presumed aware of well-known brands, aiding proof of malicious intent.
Q5: What is the difference between invalidation and opposition?
A: Opposition targets pre-registration publication; invalidation applies to already registered trademarks and has retroactive effect. Invalidation is more suitable for cross-border malicious squatting cases.
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