Opposition SOP · Opposition vs invalidation · Checklist · OEM / customs · IP flagship.
China awards the register to the first valid filer, not the first user abroad. Twenty years of US or EU use usually does not stop a local application. Squatting is not “theft” in the criminal-code sense, but bad-faith filings and hoarding can be refused, opposed or invalidated — and the 2026 revision is written to squeeze those files further. Once you find a squat you choose among fight (opposition / invalidation / non-use), buy back, or rebrand for China. Shipping OEM goods under a mark you do not own here is how containers get detained. The cheapest move is still to file before the gold sample.
At a glance
| Question | Short answer |
|---|---|
| Is China first-to-file? | Yes. The CNIPA register usually wins. |
| Is squatting a crime? | Not automatically. Bad-faith / hoarding is an administrative and civil attack. |
| Does overseas use save me? | Rarely, unless you have a well-known or other prior-right theory that actually fits. |
| Three paths? | Fight, buy back, or China-only rebrand. |
| OEM risk? | A squatter can block export manufacture. See the customs page. |
| 2026 law? | Tighter hoarding / use rules expected 2027-01-01 — confirm commencement. |
Scope and legal framework
Trademark Law (first-to-file / current Art. 31 lineage). Where two applicants claim the same mark on the same goods, the earlier China application is preliminarily approved. Foreign filing dates help only if you used the Paris / Madrid system correctly.
Trademark Law (good faith / bad-faith applications). Applications filed in bad faith or without intent to use can be refused, opposed or invalidated. 2026 revision text expands hoarding and agency-misconduct themes — cite the article in force on the day you file.
Customs + OEM interface. A China registration lets the owner record the mark with Customs. That is why a squat is not “just a paper problem.” Detail: OEM / customs.
Practical workflow
- Search CNIPA (and Madrid designations) on the exact mark and class.
- If still in the gazette window, open the opposition clock today.
- If registered, read opposition vs invalidation and pick invalidation and/or 撤三.
- Price a buy-back only with a written assignment that CNIPA will record — not a WeChat “deal.”
- Stop the factory from printing the mark until clearance exists.
Common mistakes
- “Everyone knows our brand.”
- Paying a squat then never recording the assignment.
- Letting the factory keep producing during the fight.
Action checklist
- CNIPA search + watch.
- Diary the publication deadline (3 months now; 2 after commencement).
- Freeze OEM art until clearance.
- Pick fight / buy / rename with counsel.
- Use the one-page checklist for the evidence dump.
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.
