The direct consequence of a upheld opposition is that CNIPA issues a decision refusing registration, so the trademark will never be approved for registration at all—hence there is no question of "invalidation": invalidation targets trademarks that have already been registered, whereas opposition intercepts trademarks that have not yet been registered.
The Difference Between "Refusal of Registration" and "Declaration of Invalidity"
- Opposition upheld → refusal of registration: the trademark right never came into existence, and the applicant cannot obtain a registration certificate;
- Invalidation upheld → the registered trademark is declared invalid: the trademark right once existed but is declared void ab initio (the retroactive effect provided in Article 47 of the Trademark Law).
The legal effects of the two are similar—both reduce the trademark right to zero—but they enter at different procedural points: opposition during the pre-registration announcement period, and invalidation after registration.
The Opposed Party Still Has Remedies
A upheld opposition is not final. If the opposed party is dissatisfied with the refusal decision, it may apply to the trademark review and adjudication authority for a review of refusal of registration within fifteen days of receiving the notification; if still dissatisfied with the review decision, it may file an administrative lawsuit with the people's court within the statutory time limit. Until the refusal decision is overturned on review or in litigation, the trademark remains in a refused-registration state.
When the Opposition Is Not Upheld
Conversely, if CNIPA finds the opposition grounds unfounded after examination, it will issue a decision approving registration, and the trademark will then be registered and announced. The opponent, if dissatisfied, cannot apply for review, but may request invalidation under Article 44 or Article 45 after registration.
Practical Tips
After receiving a refusal decision, first assess the value of a review: if the opponent's evidence is not solid, or only some of the goods were refused, there may be considerable room to reverse the decision on review; conversely, if the squatting facts are clear and the cost of continued litigation exceeds that of a fresh application, consider rebranding and re-applying.
If you are unsure about the above issues, you may first handle an opposition defense on MyTMBee and act after a registered agent has provided an analysis.