Guide to Trademark Registration and Protection in China (9) - Opposition

Any holder of prior rights, or interested party may file an opposition against the trademark which has been preliminarily approved and published within three months from the date of publication.

After receiving a copy of the "Application for Trademark Opposition" as well as the relevant documents dispatched by the Chinese Trademark Office, the trademark applicant should make observations within the specified time limit. Where no response is made before the expiration of the time limit, the examination conducted by the Trademark Office will go on unhindered.

If not satisfied with the Decision on Opposition of Trademark issued by the Chinese Trademark Office, the trademark applicant may, within fifteen days from the receipt of the Decision, file a request for Review with the Trademark Review and Adjudication Board; the opponent applicant may, within five years from the date of the registration, file a request for Invalidation of the registered trademark with the Trademark Review and Adjudication Board.

The opposition reasons may be as follows:

1. The preliminarily approved trademark is identical with or similar to a well-known trademark.
2. The preliminarily approved trademark is identical with or similar to prior registered or filed trademarks.
3. The preliminarily approved trademark is not in conformity with the provisions stipulated by the Chinese Trademark Law.

Requirements on Application for Opposing a Trademark

(1) Power of Attorney, executed by the opponent.
(2) A copy of the Identity Certification Document of opponent.
(3) Reasons and evidences.

Regulations for the Implementation of the Trademark Law of the People’s ...
Trademark Law of the People’s Republic of China