Yes. The issuance of the registration publication means the opposition procedure has ended, but a registered trademark is not unassailable. Others can still challenge it through invalidation proceedings, along two paths: absolute grounds and relative grounds.
Absolute Grounds: Open to Anyone
Under Article 44 of the Trademark Law, where a registered trademark violates the absolute provisions prohibiting registration, or was obtained by deceptive or other improper means, the CNIPA declares it invalid, and any other entity or individual may also request that the registered trademark be declared invalid. Such requests are not subject to any time limit.
Relative Grounds: Open to Prior Right Holders
Under Article 45 of the Trademark Law, where a registered trademark prejudices prior rights or conflicts with a prior trademark, prior right holders or interested parties may request invalidation within five years from the registration date; for bad-faith registrations, owners of well-known trademarks are not subject to the five-year limit.
Implications for Registrants
- Conduct similarity searches and risk assessments before filing to reduce the probability of invalidation at the source;
- After obtaining the certificate, continuously monitor dispute developments and respond actively upon receiving an invalidation response notice;
- Use the trademark properly and genuinely and preserve evidence—this is the foundation for withstanding disputes.
In such situations, it is advisable to consult a recorded agent through MyTMBee first to assess whether trademark monitoring is needed before deciding on the next step.