CNIPA's answers on the opposition process

It will be accepted. The last day is included.

No.

An opposition can target one or several of the classes. It is charged per class, and one application form can be used for several classes opposed together.

They must be filed separately.

There can be several opponents, and they need not have any particular relationship.

A joint opposition is charged one fee.

A licensee can file an opposition on its own, whether it holds an ordinary or an exclusive license. The filing must attach a copy of the license agreement and state the registration number of the mark relied on.

Yes, it can oppose twice on different grounds.

Further supplementary evidence can be filed within the three months, and there is no limit on the number of supplements.

An opponent may ask the Trademark Office to withdraw the opposition before the Office has decided it.

Yes.

If the mark is opposed during the announcement period, it is not announced as registered. Registration is announced only after the opposition procedure ends.

It moves to the next step, the registration announcement.

It cannot be divided during the opposition procedure.

The assignor.

When a mark is opposed, the applicant, after receiving the opposition response notice, must submit its response as the notice requires. Failing to respond within the time limit is treated as giving up the right to respond. There is no fee for responding.

If there is no response, the mark goes through the opposition procedure as normal, and the examiner decides fairly on the evidence the opponent has provided.

You can respond yourself or through an agency. If you respond yourself, the decision is sent to you; if an agency responds, it is sent to the agency.

For a mark registered in a natural person's name, a copy of the identity card signed by the applicant is enough when responding.

Where the applicant is a natural person, it must submit a copy of a valid document such as an identity card or passport.

At present there is no cross-examination stage in opposition responses.

Under Article 35 of the Trademark Law, where an opposition is filed against a preliminarily approved mark, the Trademark Office shall hear both sides' facts and reasons and, after investigation, decide whether to allow registration within twelve months of the end of the announcement period, and notify both sides in writing. In special circumstances this may be extended by six months with the approval of the State Council's administrative department for industry and commerce.

If the Office allows registration, it issues the certificate and announces the registration; an opponent who disagrees may request the Trademark Review and Adjudication Board to declare the mark invalid under Articles 44 and 45. If the Office refuses registration, the opposed party who disagrees may apply to the Board for review within fifteen days of receiving the notice.

Under the current Trademark Law, the Trademark Office, the Trademark Review and Adjudication Board and the people's courts decide in individual cases whether a mark is well known. It cannot be applied for directly.

A mark filed for identical or similar goods that copies, imitates or translates another's well-known mark not registered in China, and is likely to cause confusion, shall not be registered and its use is prohibited. A mark filed for different or dissimilar goods that copies, imitates or translates another's well-known mark registered in China, misleads the public and may harm the owner's interests, shall not be registered and its use is prohibited.

When seeking well-known mark protection, the party must file with its application a Good Faith Undertaking for Requesting Well-Known Mark Protection, signed or sealed by the party and by its trademark agency and agent.