Squatting pillar · Opposition vs invalidation · Checklist · IP flagship.
After CNIPA preliminarily publishes a mark, you may oppose it at CNIPA. Under the law in force today the window is three months from the publication date. The 2026 Trademark Law text shortens that to two months (expected commencement 1 January 2027 — use the State Council date, not a blog). You do not need your own China registration, but you do need a legal ground (prior right, bad faith, absolute grounds). Miss the window and the mark registers; switch to invalidation or non-use. Decisions often take about a year. Official fees are modest; evidence and counsel dominate cost — this page does not quote a price.
At a glance
| Question | Short answer |
|---|---|
| Deadline today? | 3 months from preliminary publication. |
| Deadline after 2026 commencement? | 2 months in the revision text — confirm the in-force date. |
| Need a China TM to oppose? | No, but you need a statutory ground. |
| Missed it? | Invalidation / 撤三. Do not invent a late opposition. |
| How long to a decision? | Often ~12 months after the evidence rounds. |
| Cost? | Official fee + evidence + agent. Not a single internet number. |
Scope and legal framework
Trademark Law Art. 33 (current opposition). Within three months from the date of preliminary publication, a prior-right holder or interested party may oppose. Absolute grounds can also be raised. This is the article live until the 2026 revision commences.
2026 revision (reported Art. 36). Shortens the opposition period to two months and keeps the bad-faith / deceptive-filing pressure. Treat commencement as 1 January 2027 until the official order says otherwise.
Who may file. You do not need a China registration. Copyright, trade name, prior use in China, well-known theories and bad-faith patterns are the usual foreign-brand files — each is an evidence problem.
Practical workflow
- Diary the last day of the 3-month (later 2-month) window.
- Pull the gazette page, class, goods and applicant history.
- Build prior-right and/or bad-faith exhibits with Chinese translations.
- File at CNIPA (often via a China-admitted agent).
- Meet every evidence supplement deadline; do not assume a second chance.
Common mistakes
- Writing “the opposition period is always three months” in 2027 letters.
- Waiting for a perfect well-known file until day 89.
- English-only exhibits with no Chinese translation.
Action checklist
- Confirm which opposition article is in force today.
- Screenshot the gazette and count the last filing day.
- List grounds in one page before you draft 40.
- Instruct a China agent if the brand is yours.
- If the window died, open the invalidation spoke — do not file a late opposition.
Find a China trademark lawyer
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Reviewed by counsel
China IP / trademarks: Zihang Duan, Songjiang Brand Law Firm — trademarks practice (directory profile). Cluster approved for publication; authorities section expanded post-approval to match family-cluster citation standard.
Last updated: August 2026 · Official fees and opposition periods can change — re-check CNIPA schedules before filing.
