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China Trademark Opposition

A conflicting mark published in China is not registered yet — the opposition window is your chance to stop it, at a fraction of the cost of fighting it afterwards.

$199 all-inclusive

Oppose This Mark

3 months

Current opposition window from publication

2 months

From 1 Jan 2027, under the revised law

Any person

May oppose on absolute grounds

In writing

Document-based procedure, no hearing

What China trademark opposition actually involves

After the China National Intellectual Property Administration (CNIPA) provisionally approves an application, the mark is published, and it is not registered yet. During the opposition window that follows publication, anyone entitled to do so can file an opposition — a reasoned challenge explaining why the mark should not be registered. If the opposition succeeds, the mark is refused; if it fails, the mark proceeds to registration.

Opposition grounds come in two families. Relative grounds protect earlier rights: your earlier Chinese registration or application, your prior use with reputation, your copyright in the logo. Only the holder of such rights can rely on them. Absolute grounds are open to any person: the mark is descriptive or generic, deceptive, or filed in obvious bad faith — for example, a serial squatter filing brands it has never heard of.

Two practical points decide most cases. First, the window is short: three months from publication today — and under the revised Trademark Law effective 1 January 2027 it shrinks to two. Second, a foreign applicant without a business presence in China must file through an agent registered with the CNIPA. We draft the opposition in Chinese, assemble the evidence and file it — you send us the mark details and your prior rights, in English.

What the $199 opposition fee covers

Case assessment before filing We confirm the publication status and the deadline, and review which grounds actually fit your facts before anything is filed.

Grounds drafted in Chinese The statement of grounds cites the legal basis and argues the facts — not a template letter with your name in it.

Evidence review and translation We tell you which evidence supports which ground, translate it into Chinese and assemble the filing set.

Filing with the CNIPA We submit the opposition and send you the filing acknowledgement as soon as it is available.

Follow-up to the decision We track the procedure and report the CNIPA decision to you with advice on the next step, whichever way it goes.

English-language handling One point of contact in English for the whole file — no need to brief a local intermediary.

The fee is all-inclusive for the standard scope above: the CNIPA official fee is already inside the price and is never billed separately.

How the opposition runs

You send us the mark details

The publication details or application number of the mark you want to stop — a screenshot or a link to the gazette entry works. Tell us the deadline if you know it.

We assess grounds and deadline

We confirm the opposition window is still open, identify the grounds your prior rights support, and tell you honestly whether the case is worth filing.

We draft, assemble and file

The statement of grounds, your evidence and the Power of Attorney go into one filing set, submitted to the CNIPA inside the window.

You get the decision and the next step

The opposed mark cannot proceed to registration until the opposition is decided. We report the decision and, if it goes the wrong way, set out the post-registration options.

Opposition fees

All fees are quoted in writing before anything is payable.

Item	Fee	What it covers
Opposition against a published mark	USD 199	Assessment, grounds drafting, evidence review, filing and follow-up on the standard scope above. All-inclusive.
Missed the window? Invalidation after registration	USD 299	If the conflicting mark has already registered, invalidation is the remaining route — heavier on evidence and argument, which is why opposing in time is cheaper.

Every price above is all-inclusive — the CNIPA official fees are already inside the quoted amounts and are never billed separately.

Statutory periods on this page were checked on 2026-10-01, including the revised Trademark Law effective 1 January 2027 (opposition window shortened from three months to two). The rules in force at the time your case is filed apply.

What you need to file an opposition

The mark details and your prior rights carry the case; the rest we prepare. Nothing has to be notarized — clean scans are enough.

Details of the published mark The application number, the mark itself, or the gazette entry — whatever you have. We locate the file and confirm the deadline from it.

Your prior rights Your earlier Chinese registration or application number if you have one; otherwise your evidence of prior use and reputation — sales records, contracts, marketing, platform listings. We review what you have and tell you what it supports.

Evidence of bad faith, if any Emails with a supplier or distributor who filed your brand, offers to sell the registration back, copies of their other filings. Powerful on absolute grounds — and optional; the case can rest on your prior rights alone.

Signed Power of Attorney A foreign opponent must act through a Chinese agent. We send our standard form — a plain signed scan is enough, no notarization.

China Trademark Opposition — common questions

Who can file an opposition in China?

It depends on the ground. On relative grounds — conflict with an earlier trademark, prior use with reputation, copyright — the opponent must be the holder of that earlier right or an interested party. On absolute grounds — descriptiveness, genericness, deception, bad-faith filing — any person may oppose.

Can a foreign company file an opposition?

Yes. A foreign applicant without a habitual residence or business establishment in China must file through an agent registered with the CNIPA — that is a requirement of the procedure, not our preference. We are such an agent, and we handle the whole opposition in English.

Does filing an opposition stop the other mark?

The opposed mark cannot proceed to registration until the opposition is decided. If the opposition succeeds, the mark is refused registration. If it fails, the mark registers — at which point the post-registration routes, such as invalidation, are what remain.

What if the opposition window has already passed?

Once the conflicting mark has registered, opposition is no longer available and invalidation becomes the route. It is heavier on evidence and argument and takes longer, which is exactly why acting inside the opposition window is worth it. Send us the registration details and we will assess the invalidation case honestly.

Is the opposition period really getting shorter?

Yes. The revised Trademark Law, passed on 26 June 2026 and effective 1 January 2027, shortens the opposition window from three months to two months from publication. Marks published before that date follow the current three-month rule; the law in force when the case is filed governs.

What happens after I file?

The CNIPA examines the opposition and gives the applicant an opportunity to respond. The procedure is document-based — the evidence you file is what the examiner decides on, which is why the evidence review matters as much as the drafting. We report the written decision to you with advice on the next step.

Saw your mark in the gazette?

Send us the publication details and your prior rights. We confirm the deadline, assess the grounds honestly and quote the opposition in writing. Nothing is payable before you approve.

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