Squatting · Opposition SOP · Which remedy · 撤三 · Buy-back · Checklist · IP flagship.
Use opposition while the mark is still in the publication window; use invalidation after it registers; add 撤三 if it has sat unused for three consecutive years. All three are CNIPA files, not a first-instance lawsuit. Today’s opposition window is three months; the 2026 Trademark Law text shortens it to two (confirm commencement). Missing opposition by two weeks is not fatal — you lost the cheap window, not the mark. You may run invalidation and 撤三 together if the facts support both, but the stories cannot contradict. File your own China application in parallel so a cleared class is not immediately re-squatted.
At a glance
| Question | Short answer |
|---|---|
| Still in gazette? | Opposition. 3 months now; 2 after commencement. |
| Already registered? | Invalidation (rights / bad faith) and/or 撤三 (non-use). |
| Missed opposition 2 weeks? | Not over. Change remedy. |
| Anyone can file 撤三? | Yes. Opposition/invalidation have standing rules. |
| Cheaper? | Opposition is usually the cheap fight. Not a price list. |
| Own China TM? | File it anyway. |
Scope and legal framework
Trademark Law Art. 33 (current opposition). Prior-right holders and interested parties may oppose within three months of preliminary publication. Revision text: two months.
Trademark Law Arts. 44–45 lineage (invalidation). Absolute grounds and certain relative grounds can kill a registration after grant. Some relative grounds are time-barred five years after registration — well-known / bad-faith exceptions exist. Check the article in force.
Trademark Law Art. 49 (non-use). Any entity or person may seek cancellation if the mark was unused for three consecutive years without justifiable reason. SOP: 撤三 guide.
Practical workflow
- Screenshot the gazette or registration page and write today’s date on it.
- If inside the opposition window, open the opposition SOP today.
- If registered, list grounds: rights/bad faith → invalidation; unused 3 years → 撤三.
- If you may buy, start diligence on the buy-back page in parallel — do not pay yet.
- File or refresh your own China application.
Common mistakes
- Using 撤三 against a factory that actually ships.
- Waiting to “see if they expire.”
- Clearing the squat with no application of your own.
Action checklist
- Status: published / registered / how old.
- Pick one primary door; add 撤三 only if unused.
- Diary the live opposition article (3 vs 2 months).
- Instruct one agent so filings do not conflict.
- File your China TM this week if you have not.
Find a China trademark lawyer
The IP listings below are live DJ Classifieds profiles. Directory →
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.
