A: Under Article 33, it depends on the legal grounds: Opposition based on Relative Grounds (e.g., similarity to existing marks, prior copyright infringement) can only be filed by prior right holders or interested parties. Opposition based on Absolute Grounds can be filed by anyone.
A: Essential documents include the Application for Trademark Opposition, identity credentials (corporate registration certificates or passports), a detailed statement of grounds with legal analysis, and supporting evidence. A signed Power of Attorney (POA) is mandatory for foreign entities; we will provide our standard template.
A: The CNIPA typically issues its ruling within 12 months from the end of the opposition window, though complex cases can occasionally stretch to 18 months.
A: Do not panic. Upon receiving the official Notice of Trademark Opposition Response, you have a strict 30-day window to submit a defense statement and supporting evidence. Our team can deeply analyze their arguments, evaluate your odds, and craft a tailored response strategy. (Note: Opposition response is a separate service requiring a standalone agreement).
A: If the opposition is dismissed, the mark will proceed to registration. However, you can immediately initiate a Trademark Invalidation proceeding before the Trademark Review and Adjudication Department of the CNIPA once it is registered. We will help you evaluate the viability of this secondary line of defense.
A: The difference is timing and status: An Opposition is filed before the mark is registered (during the 3-month publication window) to block it entirely. An Invalidation is a remedial measure filed after the mark has already achieved full registration. Opposition is always preferred due to its lower procedural cost and shorter cycle.
A: Our professional fees are quoted transparently based on case complexity, the volume of evidence to be audited, and the depth of legal arguments required. We provide flat-rate, upfront quotes with zero hidden charges.
