The time limit for invalidation falls into two categories: a request based on absolute grounds (Article 44) is not subject to any time limit, while a request based on relative grounds (Article 45, such as harming prior rights or squatting) must be filed within five years of the trademark's registration—except that the owner of a well-known trademark is not bound by the five-year limit where the registration was made in bad faith.
Absolute Grounds: File at Any Time
If a registered trademark violates the prohibited-sign provisions, lacks distinctive features, or was registered by fraudulent or other improper means, any entity or individual may request its invalidation at any time, with no time limit. CNIPA may also declare it invalid ex officio.
Relative Grounds: The Five-Year Limit
Under Article 45, where a registered trademark harms prior rights, the prior rights holder or an interested party shall request invalidation within five years of the trademark's registration. Note:
- The starting point is the "date of registration", i.e., the publication date of the registration announcement—not the date of the preliminary approval announcement;
- The five-year period is in the nature of a peremptory period: after it expires, relative grounds are in principle no longer examined, leaving only absolute grounds;
- Time consumed by earlier opposition or non-use cancellation procedures neither suspends nor extends the five-year period.
Exception: Bad-Faith Registration + Well-Known Trademark
For registrations made in bad faith, the owner of a well-known trademark is not subject to the five-year time limit when requesting invalidation. This requires satisfying two conditions simultaneously: proving that one's trademark had become well-known before the opposed trademark was registered, and proving the other party's bad faith.
Practical Tips
- If you discover that a squatted trademark has been registered, immediately check the registration announcement date and calculate the remaining time within the five-year period;
- Prioritize filing cases approaching the five-year deadline—it is better to submit materials first and supplement later;
- For cases beyond five years, assess whether the absolute-grounds path under Article 44 is available (e.g., the other party's mass stockpiling of trademarks or other improper means).
Note: The time limits in this article are updated as of 2026. Actual durations are affected by examination progress; CNIPA's official statements shall prevail.
If you are unsure about the above issues, you may first handle an invalidation on MyTMBee and act after a registered agent has provided an analysis.