In China, if a trademark has been preliminarily approved and published, any prior right holder, interested party, or even any person who believes that the trademark violates the provisions of the Trademark Law may file an opposition with the Trademark Office within three months from the date of publication.

How long does a trademark opposition take in China?

According to Article 35 of the Chinese Trademark Law, when an opposition is filed against a trademark that has been preliminarily approved and published, the Trademark Office shall listen to the facts and reasons presented by both the opponent and the opposed party. After investigation and verification, a decision on whether to approve the registration shall be made within 12 months from the expiration of the publication period, and both parties shall be notified in writing. Under special circumstances, this period may be extended by an additional six months with the approval of the administrative department for industry and commerce under the State Council.

Under what circumstances can a trademark opposition be filed in China?

According to Article 33 of the Chinese Trademark Law:
"Within three months from the date of publication of a preliminarily approved trademark, any prior right holder or interested party may file an opposition with the Trademark Office if they believe the trademark violates:

• Article 13(2) and (3)

• Article 15

• Article 16(1)

• Article 30

• Article 31

• Article 32

Alternatively, any person may file an opposition if they believe the trademark violates:

• Article 4

• Article 10

• Article 11

• Article 12

• Article 19(4)

If no opposition is filed by the expiration of the publication period, the trademark shall be approved for registration, a registration certificate shall be issued, and the trademark shall be publicly announced."