How Do I Intercept a Similar New Trademark Application?

Question

Accepted Answer

If a similar trademark is still in its announcement period, file an opposition within three months with the cited marks and evidence; if already registered, file for invalidation within the statutory period, or for non-use cancellation if it sits unused.

To intercept a similar new trademark application, the first choice is to file an opposition with the CNIPA within three months from the date of its preliminary approval announcement. Opposition is the interception procedure before registration—low cost and fast—far better than fighting invalidation or litigation after it registers.

Steps for Opposition Interception

1. Lock down the announcement information: record the opposed mark's application number, class, announcement issue, and announcement date—it must be submitted before the announcement period expires;
2. Determine the grounds: common grounds are similarity to prior registered trademarks on identical or similar goods (Article 30); you may also assert squatting of another's priorused mark with certain influence (Article 32) or malicious application (Article 4);
3. Prepare materials: opposition application, entity qualification proof, information on the cited trademarks, and evidence of use and fame (sales data, advertising, awards, media reports);
4. Submit and follow up: the official fee is RMB 500 per class; after submission, watch for answer notifications and examination progress, with results generally issued within twelve months.

Keys to a Higher Success Rate

Argue both dimensions—similarity of goods and similarity of marks; arguing only sign similarity without addressing the goods relationship is easily rejected;
 The stronger the cited mark's fame evidence, the more favorable the confusion finding in the similarity assessment;
 Where the other side engages in batch squatting with evident lack of intent to use, adding the Article 4 maliciousapplication ground works better.

What If You Miss the Announcement Period

If the mark has been registered, invalidation may be filed within five years from the registration date (no fiveyear limit for malicious registration or wellknown trademarks); where the registrant has not used it for three years, a nonuse cancellation can first dismantle its right bef