Yes. An opposition filed during the preliminary approval publication period only means the trademark enters opposition review proceedings; it does not mean the trademark is refused. If the CNIPA finds the opposition not sustained after review, registration is still approved and the registration certificate issued—though the timeline to the certificate is significantly longer.
How the Opposition Procedure Works
Under Article 35 of the Trademark Law, the CNIPA hears the statements of facts and reasons from both the opponent and the opposed party, and after investigation and verification decides whether to approve the registration within twelve months from the expiry of the publication period; in special circumstances this may be extended by six months with approval.
What the Opposed Party Should Do
- After receiving the notice of opposition response, submit a response within the prescribed time limit. Failure to respond does not prevent the CNIPA from deciding, but it means giving up the opportunity to be heard;
- Organize evidence and arguments around angles such as non-similarity of the marks, non-similarity of the goods, absence of likelihood of confusion, and prior use;
- Engage a professional trademark agency to respond when necessary.
Two Possible Outcomes
- Opposition not sustained: registration is approved under Article 36, and the exclusive right runs from the date the three-month preliminary approval publication period expired;
- Opposition sustained: registration is refused, and the applicant may pursue subsequent remedies in accordance with the law.
Rights Status During the Opposition
During opposition review, the opposed trademark is not yet registered and the applicant does not enjoy the exclusive right of a registered trademark. You may continue using the mark within its original scope with a TM notice, but large-scale investment in packaging, channels, and franchise expansion is not advisable, lest losses grow if the opposition is sustained. If others use the mark without permission, infringement is difficult to assert directly because the right is not yet established; you may send a warning letter first and preserve evidence of their access, then pursue them after registration.
If you are unsure about any of the above, you can first arrange trademark agency registration through MyTMBee and act after a recorded agent provides an analysis.