When you discover that your trademark has been squatted, the core actions are: find out which procedural stage the other party's trademark is in, file an opposition if it is within the preliminary approval announcement period, and request invalidation if it is already registered; at the same time, immediately file your own trademark registration application to fill in your rights basis.
Step 1: Check the Status of the Other Party's Trademark
Look up the application number, class, and current procedural status of the other party's trademark on CNIPA's official website. The key points are: whether it has been published in a preliminary approval announcement and on what date; and, if it is already registered, the date of the registration announcement. This determines whether you proceed with opposition or invalidation.
Step 2: Choose the Procedure According to the Stage
- Still within the preliminary approval announcement period (within three months of the announcement date): file an opposition under Article 33 of the Trademark Law. If your trademark has been in prior use and has acquired a certain influence, you may invoke Article 32—"registering, by improper means, a trademark that another party has already used and that has acquired a certain influence"; if the other party has an agency, contractual, or business relationship with you, you may invoke Article 15.
- Already approved for registration: under Article 45, request invalidation within five years of the registration date on grounds of harming prior rights or squatting; if the other party registered in bad faith, the owner of a well-known trademark is not bound by the five-year limit. If the other party clearly engages in mass trademark stockpiling or bad-faith applications not intended for use, Articles 4 and 44 may also be invoked.
Step 3: Immediately Strengthen Your Own Rights
Whichever procedure you take, immediately file a registration application for the identical or similar trademark in your own name. In squatting cases, whether you yourself have a prior application or registration often directly affects the direction of the case.
Key Points for Evidence Preparation
The focus is on proving "prior use with a certain influence" and "the other party's bad faith": sales contracts, invoices, advertising placements, media coverage, and award records predating the other party's filing date, as well as evidence that the other party knew of your trademark (correspondence, cooperation agreements, records of the other party's prior contact with your brand).
Timing Tips
An opposition has only a three-month window, and invalidation generally has a five-year limit. Do not wait and watch after discovering squatting—initiate the procedure as soon as possible.
If you are facing a similar situation, it is advisable to first consult a registered agent on MyTMBee to assess whether you need to handle an opposition defense before deciding on the next step.