China Trademark Opposition Process (Complete Guide for Foreign Applicants)
1. What is China Trademark Opposition and how is China Trademark Opposition triggered?
A China Trademark Opposition is a legal procedure that allows any third party to challenge a trademark during its 3-month publication period after CNIPA issues preliminary approval. If the opposition is upheld, the mark will not proceed to registration.
Many foreign applicants are confused when they first encounter a China Trademark Opposition. The two most common questions I hear are:
- “Why is my trademark being challenged?”
- “I used it first, so how can someone else oppose it?”
In China, any person or entity can file an opposition with the CNIPA during the three-month publication (announcement) period after a trademark passes preliminary examination. This means:
- Your trademark can be opposed even if you haven’t used it in China yet.
- The opponent doesn’t necessarily need to own a registered trademark themselves to file.
- Many oppositions are strategic moves by competitors (this is common).
According to Article 33 of China’s Trademark Law, the opposition period is strictly three months, calculated from the publication date. Missing this window means the only option later is a more complex “Invalidation” procedure.
🛡️ A Real-World Scenario:
A European fashion brand I advised launched in China but delayed filing a trademark. A local distributor registered the brand name first. When the European brand later filed, the distributor opposed it, claiming prior rights. This is a classic case of an opposition rooted in a prior business relationship, as outlined in Trademark Law Article 15.
2. Overview of the China Trademark Opposition Process
Here is the standard flow of a trademark opposition procedure, which typically takes 15-24 months from start to finish:
Trademark passes preliminary examination
Enters 3-month opposition publication period
Third party files opposition (within the 3 months)
CNIPA notifies applicant & applicant files rebuttal (30-90 days)
Evidence exchange and supplemental submissions
CNIPA issues a written decision (usually within 12-18 months)
Outcome A (Opposition Fails): Trademark proceeds to registration.
Outcome B (Opposition Succeeds): Trademark is refused registration.
If either party disagrees with the CNIPA’s decision, they can appeal to the Trademark Review and Adjudication Board (TRAB), and further to the Beijing Intellectual Property Court.
3. What Materials Must the Opponent Submit?
Success in an opposition case hinges not on the volume of documents, but on the organization and logical force of the evidence chain. From my experience, the CNIPA examiners value clarity and relevance.
Common and Effective Types of Evidence:
- Prior Trademark Registrations: In China or abroad (list registration numbers clearly).
- Use Evidence: Invoices, contracts, product photos, and dated advertising materials that prove continuous, genuine use.
- Brand Fame Materials: Media reports, industry awards, market survey reports.
- Evidence of Bad-Faith Registration (Most Effective): This is often the strongest argument. Proof can include:
- The opponent’s history of massive trademark squatting.
- Evidence of a specific relationship (e.g., former agent, distributor, as per Trademark Law Article 15).
- Documents showing the applicant had clear knowledge of the opponent’s brand.
Key Takeaway: A concise, well-organized evidence directory with a clear narrative is more persuasive than a mountain of disconnected documents. Foreign evidence must be accompanied by a Chinese translation.
4. How to Submit a Rebuttal (The Applicant’s Response)
Upon receiving the opposition notice from CNIPA, the applicant typically has 30 days to respond if in China, or an extended period (commonly up to 90 days) if overseas. Do not delay.
A professional rebuttal should be structured and include:
- Facts and Background: Clearly explain why you created and applied for this trademark. What does it mean? What is its legitimate commercial purpose?
- Point-by-Point Rebuttal to Opposition Claims:
- If they claim “similarity,” argue with visual, phonetic, and conceptual comparisons to prove dissimilarity.
- If they allege “free-riding,” explain the independent creation process and lack of dependency.
- If they accuse “bad faith,” provide your legitimate business history and rationale.
- Evidence Directory & Explanation: CNIPA appreciates clear evidence organization. Submit proof of your own trademark use, design conception, or prior international registrations.
- Legal Basis: Reference relevant Trademark Law articles (e.g., Article 7 on the principle of good faith, Article 30 on distinctiveness), but avoid lengthy copy-pasting of laws.
📝 From My Practice: In one case for a US tech startup, the opponent claimed bad faith. Our rebuttal successfully centered on the startup’s documented R&D timeline and pre-existing use in the US before filing in China, demonstrating a complete lack of intent to copy the opponent.
5. Realistic Success Probability Analysis
Based on dozens of cases for foreign clients and broader industry data, here are the realistic trends. According to 2025 data from BaiTu trademark software, the average opposition success rate in China is about 62.85%. However, outcomes vary dramatically based on circumstances.
✅ Higher Chance of Applicant Success (Rebuttal Wins)
- Opponent lacks a prior registered trademark and relies on weak, subjective claims.
- Trademarks are only “weakly similar” (not in appearance, pronunciation, and meaning).
- Applicant can demonstrate normal, legitimate brand use and purpose.
- Opponent’s evidence chain is weak and fails to prove fame or bad faith.
❌ Higher Chance of Opponent Success (Opposition Wins)
- Opponent holds a clear prior registered trademark in the same or related class (the strongest factor).
- Obvious similarity in appearance, pronunciation, or meaning.
- Applicant has no evidence of use (very common for new market entrants).
- Opponent provides solid evidence of malicious squatting (e.g., proof of relationship, bulk registrations).
The bottom line: In about 70% of the contested cases I’ve seen, the outcome is decided by the strength and organization of the evidence, not by rhetorical arguments.
Unsure About Your Opposition Case?
Every case is unique. For a confidential assessment of your specific opposition or rebuttal strategy, consider consulting with a professional who understands both the law and the practical nuances.
6. Official Timeline & What to Expect
Patience is required. The length of the process is a defining feature of China’s trademark system, designed to allow for thorough examination.
| Stage | Time Frame (Reference) | Key Notes |
|---|---|---|
| Publication / Opposition Period | 3 months | Strict deadline. Opponent must file within this window. |
| Applicant’s Rebuttal Period | 30 – 90 days | Starts from receipt of CNIPA notice. Extensions may be available for foreign applicants. |
| CNIPA Substantive Examination & Decision | Approx. 12-18 months | Can be extended by 6 months in complex cases. The CNIPA will review all evidence and issue a written decision. |
| Total Estimated Cycle | 15 – 24 months | From opposition filing to final CNIPA decision. |
For Faster Protection During This Period: While the opposition is pending, you can pursue parallel actions like recording your trademark with China Customs for border enforcement or applying for brand protection on e-commerce platforms like Amazon.
7. Common Mistakes Foreign Applicants Make
Here are the most frequent and costly errors I’ve observed, based on real cases:
❌ Mistake 1: Late or Disorganized Evidence Submission
Many foreign companies fail to prepare evidence proactively. They then scramble to find documents that don’t form a coherent, timely “evidence chain,” which CNIPA requires.
❌ Mistake 2: Misunderstanding China’s “Sub-class” System
This is a technical but critical point. Two goods that seem different (e.g., “computer software” and “video game software”) may fall into the same sub-class. An opposition can succeed based on similarity within a sub-class, even if the broad classes seem different.
❌ Mistake 3: Assuming “Fame” is the Only Factor
While brand fame helps, CNIPA’s examination focuses on a hierarchy of factors: (1) similarity of marks and goods, (2) existence of bad faith, (3) likelihood of public confusion. Fame is a supporting element within this framework, not a standalone winner.
8. Professional Advice for Foreign Applicants
Here is my distilled advice after a decade in the field:
1. Conduct a Pre-Filing Risk Search (Mandatory)
Many oppositions are avoidable. A comprehensive search for identical and similar prior trademarks (including in sub-classes) is the best investment you can make. Don’t rely on a basic online check.
2. If Opposed, Act Immediately, Don’t Panic
The clock starts ticking the moment you receive the notice. Use the time to build a strategic defense, not to deliberate on whether to respond. Abandoning the response guarantees loss.
3. Structured Evidence Chain > Piles of Documents
CNIPA examiners follow a logical narrative. Present your evidence as a story: prior creation -> use -> reputation -> legitimate application. A clear index and chronology are invaluable.
4. Leverage Your International Track Record
Evidence of successful registration and long-term use in the EU, US, or other major markets can bolster your argument for legitimate intent and distinctiveness.
Remember: The majority of oppositions against foreign applicants are not random malice, but strategic competition. This also means many are defensible if you respond correctly.
9. Conclusion: Should You Worry About Trademark Opposition?
If you are a foreign applicant: Do not panic, but do not be complacent. Treat an opposition as a serious but navigable procedural hurdle within China’s trademark system.
You have a strong chance to prevail if you:
- Submit authentic, timely evidence.
- File a clear, point-by-point rebuttal on time.
- Present a logical, legitimate narrative for your trademark.
- Demonstrate a good-faith commercial purpose.
The “Kung Fu” trademark case (where Bruce Lee’s daughter successfully invalidated trademarks resembling his image) underscores that CNIPA and the courts will protect legitimate prior rights, even against long-standing registrations, when bad faith or deception is evident.
With the right preparation and understanding, you can successfully navigate this challenge and secure your brand’s future in the Chinese market.
10. China Trademark Opposition – Frequently Asked Questions (FAQ)
This FAQ section addresses the most common practical questions foreign applicants have about the opposition process, based on real case experience.
- 1. What is a China Trademark Opposition?
- A China Trademark Opposition is a legal procedure that allows any third party to challenge a trademark during its 3-month publication period after CNIPA issues preliminary approval. If the opposition is upheld, the mark will not proceed to registration.
- 2. Who can file a trademark opposition in China?
- Any individual, company, or organization—Chinese or foreign—may file an opposition. The opponent does not need to own a prior trademark, although having earlier rights greatly increases the chance of success.
- 3. How long does the entire opposition process take?
- Most cases take 15–24 months in total, including CNIPA’s 12–18-month substantive examination period. Complex cases may take longer.
- 4. What happens after an opposition is filed?
- CNIPA will review the filing, accept or reject it procedurally, and then send a notification to the applicant. The applicant must then submit a Rebuttal Statement along with supporting evidence.
- 5. How long does the applicant have to respond?
-
Typically:
- 30 days for applicants located in Mainland China
- Up to 90 days for foreign applicants (with extensions)
- 6. What evidence is required for a successful opposition?
-
Useful evidence includes:
- Prior registered trademarks
- Proof of use and reputation
- Evidence of bad-faith filing
- Market materials, contracts, invoices, screenshots
- A clear chain of evidence explanation
- 7. What are the possible outcomes of an opposition?
-
There are only two outcomes:
- Opposition upheld → Trademark refused
- Opposition dismissed → Trademark proceeds to registration
- 8. Can a foreign company win an opposition in China?
-
Yes. Foreign applicants win many oppositions when they:
- Submit organized and authentic evidence
- Demonstrate legitimate commercial intent
- Prove low similarity between marks
- Expose the opponent’s bad faith
- 9. What happens if the trademark is refused after an opposition?
- The applicant can file a Review of Refusal (appeal) with CNIPA within 15 days. If the review also fails, judicial litigation is possible through the Beijing Intellectual Property Court.
- 10. Can the applicant use the trademark while the opposition is pending?
-
Yes, but use does not grant legal protection.
Until registration is granted, the applicant remains vulnerable to:- Infringement claims from prior rights holders
- China Customs enforcement issues for exported/imported goods
- Platform takedowns (e.g., difficulties securing Amazon Brand Registry protection)
This FAQ consolidates common queries from foreign clients. Each case is unique, and specific strategies should be developed based on a detailed review of the opposition notice and available evidence.
China Trademark Agency Alliance
CTMAA is more than just a China tradmark registration service provider; we are your strategic partner for entering and establishing yourself in the Chinese market. We are dedicated to clearing obstacles, using our professionalism, experience, and integrity to safeguard your brand in China.
