Author China Legal Portal Editorial · ReviewerMingze Lu · Last reviewed · 3 min read · Editorial policy · AI content policy · Disclaimer · Not legal advice — confirm current rules with counsel and authorities
At a glance
Intellectual Property: typical process stages
Four high-level stages — details and local variations are in the guide below.
1MapBrands, patents, secrets
2FileCNIPA & first-to-file timing
3WatchPlatforms & counterfeits
4EnforceAdmin, civil or criminal
City hubs
Local guides & lawyers
Drill into city × practice hubs where available, or open the city legal market guide.
Not legal advice. This page chooses the CNIPA door. Opposition SOP, 撤三 SOP and buy-back are sister pages. Opposition is 3 months now; 2 months in the 2026 revision text (expected 2027-01-01).
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.
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.
撤三 attacks non-use, not bad faith.
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.
Do not file a late opposition.This page chooses the door; sister pages run the SOP.
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
Two remedies may run; the facts must be consistent.
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).
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.
Source register · primary authorities and verification
Sources & trust
How to use this guide
Editorial, AI and verification policies
This page is general information for orientation. It is not legal advice and does not create an attorney–client relationship.
Legal boundary: Prefer primary statutes, judicial interpretations, and official guidance when making decisions. Where this guide links to city hubs or lawyer listings, verify credentials and engagement terms directly with counsel. Full disclaimer · Request a consultation.
FAQ
Common questions
Quick answers for foreign nationals and employers. Rules vary by city and change over time.
I missed opposition by two weeks — is everything lost?
No. Invalidation and, if the facts fit, 撤三 remain.
Can I file opposition and invalidation together?
Not on the same mark at the same status. Opposition is pre-registration. After grant, invalidation replaces it. You can oppose now and invalidate later if it still registers.
Which is cheaper?
Opposition is usually cheaper than a full invalidation evidence war. 撤三 official fees are modest; investigations are not. No USD sticker price on this page.
Do I still need my own China application?
Yes, if you want the class when it clears.
Consultation preparation
What to prepare before contacting counsel
Send a focused first package so counsel can check conflicts, understand scope, and identify urgent deadlines.
A concise timeline and the result you want to achieve.
Names of all parties and affiliates for a conflict check.
Key contracts, notices, correspondence, filings, or decisions.
Known deadlines, preferred language, location, and budget constraints.
Topic counsel
Lawyers relevant to this topic
Review profiles matched to this guide, then request a free initial consultation.
Status shown per profileFree initial consultationTopic-matched shortlist
