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Trademark Opposition

TermPublished 2026-09-17 · Updated 2026-09-17

A trademark opposition is a procedure of objecting to registration, filed with CNIPA within three months against a trademark published in a preliminary approval announcement—it is the statutory entry point for the public and prior rights holders to intercept problematic trademarks.

A trademark opposition is a legal procedure in which a prior rights holder or an interested party (on relative grounds), or any person (on absolute grounds), raises objections with CNIPA against a trademark preliminarily approved and announced by CNIPA, within three months of the announcement date, requesting that registration not be approved.

Legal Basis and Position

Article 33 of the Trademark Law establishes the opposition system, and Article 35 provides for the examination procedure and time limits. Opposition is the public-supervision link in the trademark registration process and the entry-point procedure of the trademark dispute resolution system: it occurs before the trademark right comes into existence, making it the lowest-cost and most direct interception tool.

Parties and Grounds

Under Article 33, the parties and grounds for opposition fall into two tiers:

  • Relative grounds, which must be raised by a prior rights holder or an interested party: violation of Article 13 (well-known trademark protection), Article 15 (squatting by agents, representatives, and parties in specific relationships), Article 30 (conflict with prior trademarks), Article 31 (the first-to-file principle), and Article 32 (harming prior rights, squatting a trademark with a certain influence);
  • Absolute grounds, which anyone may raise: violation of the prohibited-sign provisions, lack of distinctive features, application by fraudulent or other improper means, and bad-faith applications not intended for use under Article 4.

Procedure

  1. CNIPA publishes the preliminary approval announcement, and the three-month opposition period begins;
  2. The opponent submits the Trademark Opposition Application, proof of qualification, and evidence, and pays the official fee (RMB 500 per class for paper filing, RMB 450 per class for online filing);
  3. After accepting the case, CNIPA serves a defense notification on the opposed party, who defends within thirty days;
  4. CNIPA examines both parties' materials and, within twelve months of the expiry of the announcement period (extendable by six months), decides whether to approve or refuse registration.

Follow-Up Remedies

  • Opposition upheld (registration refused): the opposed party may apply for a review of refusal of registration within fifteen days; if dissatisfied with the review, it may file an administrative lawsuit;
  • Opposition rejected (registration approved): the opponent cannot seek review, but may request invalidation under Articles 44 and 45 after registration.

Distinctions from Adjacent Concepts

  • Versus invalidation: opposition targets unregistered trademarks with a three-month limit; invalidation targets registered trademarks—five years for relative grounds and no time limit for absolute grounds;
  • Versus non-use cancellation: non-use cancellation targets trademarks registered for three years without use without justifiable reason—it asks only about use, not about the legitimacy of the registration;
  • Versus review of refusal: a review of refusal is the applicant's remedy against CNIPA's refusal of its own application, whereas an opposition is a third party's interception of another's trademark.

Practical Value

For brand owners, opposition combined with trademark announcement monitoring is the first line of defense against squatting; for applicants, understanding opposition risk helps with pre-filing searches and clearance, reducing the chance that the registration cycle is prolonged by dispute procedures.

How these concepts apply in a specific case still involves detailed differences; you may consult a registered agent on MyTMBee for a case-specific analysis.