A trademark opposition is a procedure in which a prior rights holder, an interested party, or any member of the public raises objections with CNIPA against a trademark that has been preliminarily approved and announced by CNIPA, within three months from the date of the announcement. If the opposition is upheld, the trademark will not be registered.
Legal Basis for Opposition
Article 33 of the Trademark Law provides for two categories of opponents and grounds: first, prior rights holders and interested parties may file an opposition based on relative grounds, such as a conflict between the trademark and another party's prior rights, or squatting; second, any person may file an opposition based on absolute grounds, such as the trademark violating the prohibited-sign provisions, lacking distinctiveness, or being applied for by fraudulent or other improper means.
At Which Stage Does an Opposition Occur
After a trademark application passes formality examination and substantive examination, if CNIPA considers it registrable, it will publish a Preliminary Approval Announcement. The three-month period counted from the announcement date is the opposition period—the only window in which the public can intervene in the trademark registration process. If no opposition is filed before the period expires, the trademark is approved for registration.
How Opposition Connects with Subsequent Procedures
Upon receiving an opposition application, CNIPA examines it and issues a decision pursuant to Article 35 of the Trademark Law. If the opponent or the opposed party is dissatisfied with the decision, they may respectively pursue a review of refusal of registration or an invalidation procedure. Opposition is therefore the entry-point procedure of the entire trademark dispute system.
Practical Advice
If you find a trademark in a preliminary approval announcement that appears to be squatting or similar to your own brand, verify the announcement date as soon as possible. The three-month window is very short; it is advisable to engage an agent to prepare the opposition materials as early as possible after the announcement, so as not to miss the statutory deadline.
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.