# CNIPA's answers on the opposition process CNIPA's published replies from 2019 to 2022 on opposition deadlines, joint opponents, licensees, shared evidence, withdrawing, responding, and well-known marks. Canonical URL: https://ginbing.com/docs/china-trademark/cnipa-answers-opposition-process Markdown URL: https://ginbing.com/docs/china-trademark/cnipa-answers-opposition-process/index.md ## TLDR CNIPA's published replies from 2019 to 2022 on opposition deadlines, joint opponents, licensees, shared evidence, withdrawing, responding, and well-known marks. ## Guide Replies CNIPA published from 2019 to 2022 to questions about filing and answering an opposition, and about well-known marks, translated by Ginbing. Each reply links to its Chinese original on CNIPA's website. ## About these replies - **Official source.** [Trademark registration questions](https://www.cnipa.gov.cn/jact/front/mailpublist.do?sysid=13), the public column where CNIPA answers trademark questions. Each reply links to its official page. - **Issued by.** CNIPA - **CNIPA's dates.** Each reply shows the date CNIPA answered. All of them date from 2019 to 2022. - **Checked against the official page.** November 6, 2026 > These are replies to individual questions. They are not rulings, and CNIPA decides each case on its own facts. The translations are Ginbing's own, not official, and Ginbing is not part of CNIPA. Only the Chinese text is official. Each heading is Ginbing's short summary of the point the reply answers; the asker's own words, which may cover other points, are on the official page. Greetings and contact details are left out, and long replies are shortened to the parts that answer the question. > **Warning:** These replies are older than those on CNIPA's other answer pages, and each states the position on its date. Where a [later reply](/docs/china-trademark/cnipa-answers-refusal-opposition-madrid) or CNIPA's current guide differs, rely on the later source. They were written under the 2019 Trademark Law, and the [revised law](/docs/china-trademark/laws/trademark-law/2026) takes effect on January 1, 2027, with [some changed rules and article numbers](/docs/china-trademark/2027-trademark-law-changes). Fees and procedures can also change. Check the current rule before relying on one of these replies. ## Does the opposition deadline include its last day? > It will be accepted. The last day is included. > > [CNIPA reply of June 12, 2019](https://www.cnipa.gov.cn/jact/front/mailpubdetail.do?sysid=13&transactId=37126), translated by Ginbing ## The three-month announcement period has passed: can I still oppose? > No. > > [CNIPA reply of June 19, 2019](https://www.cnipa.gov.cn/jact/front/mailpubdetail.do?sysid=13&transactId=37654), translated by Ginbing ## Can an opposition target only some classes of a multi-class mark, and how is it charged? > 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. > > [CNIPA reply of August 21, 2020](https://www.cnipa.gov.cn/jact/front/mailpubdetail.do?sysid=13&transactId=333407), translated by Ginbing ## Two related marks face the same grounds and evidence: can one filing cover both? > They must be filed separately. > > [CNIPA reply of December 7, 2021](https://www.cnipa.gov.cn/jact/front/mailpubdetail.do?sysid=13&transactId=378327), translated by Ginbing ## Can an opposition have several opponents, and must they be related? > There can be several opponents, and they need not have any particular relationship. > > [CNIPA reply of December 28, 2021](https://www.cnipa.gov.cn/jact/front/mailpubdetail.do?sysid=13&transactId=380584), translated by Ginbing ## Two parties oppose one mark together: is it one fee or two? > A joint opposition is charged one fee. > > [CNIPA reply of October 14, 2021](https://www.cnipa.gov.cn/jact/front/mailpubdetail.do?sysid=13&transactId=372172), translated by Ginbing ## Can a licensee oppose a mark on its own? > 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. > > [CNIPA reply of May 31, 2022](https://www.cnipa.gov.cn/jact/front/mailpubdetail.do?sysid=13&transactId=395446), translated by Ginbing ## Can the same party oppose one mark twice on different grounds? > Yes, it can oppose twice on different grounds. > > [CNIPA reply of September 26, 2021](https://www.cnipa.gov.cn/jact/front/mailpubdetail.do?sysid=13&transactId=370934), translated by Ginbing ## How many times can opposition evidence be supplemented within the three months? > Further supplementary evidence can be filed within the three months, and there is no limit on the number of supplements. > > [CNIPA reply of September 24, 2020](https://www.cnipa.gov.cn/jact/front/mailpubdetail.do?sysid=13&transactId=335959), translated by Ginbing ## Up to what point can an opponent withdraw? > An opponent may ask the Trademark Office to withdraw the opposition before the Office has decided it. > > [CNIPA reply of December 11, 2020](https://www.cnipa.gov.cn/jact/front/mailpubdetail.do?sysid=13&transactId=341259), translated by Ginbing ## Can the applicant withdraw its application while an opposition is pending? > Yes. > > [CNIPA reply of June 10, 2020](https://www.cnipa.gov.cn/jact/front/mailpubdetail.do?sysid=13&transactId=58522), translated by Ginbing ## An opposition is filed during the announcement period: does the mark still register when the period ends? > If the mark is opposed during the announcement period, it is not announced as registered. Registration is announced only after the opposition procedure ends. > > [CNIPA reply of September 23, 2020](https://www.cnipa.gov.cn/jact/front/mailpubdetail.do?sysid=13&transactId=335901), translated by Ginbing ## An opposition fails: is the mark announced again? > It moves to the next step, the registration announcement. > > [CNIPA reply of August 29, 2019](https://www.cnipa.gov.cn/jact/front/mailpubdetail.do?sysid=13&transactId=40627), translated by Ginbing ## Can a mark be divided during an opposition? > It cannot be divided during the opposition procedure. > > [CNIPA reply of March 30, 2022](https://www.cnipa.gov.cn/jact/front/mailpubdetail.do?sysid=13&transactId=388736), translated by Ginbing ## A mark is opposed while its assignment is pending: who responds? > The assignor. > > [CNIPA reply of October 20, 2021](https://www.cnipa.gov.cn/jact/front/mailpubdetail.do?sysid=13&transactId=372807), translated by Ginbing ## Must I respond to an opposition, and is there a fee? > 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. > > [CNIPA reply of September 26, 2022](https://www.cnipa.gov.cn/jact/front/mailpubdetail.do?sysid=13&transactId=407343), translated by Ginbing ## The other side does not respond to my opposition: does the opposition succeed automatically? > 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. > > [CNIPA reply of September 18, 2020](https://www.cnipa.gov.cn/jact/front/mailpubdetail.do?sysid=13&transactId=335543), translated by Ginbing ## Can an individual in China respond to an opposition without an agency? > 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. > > [CNIPA reply of April 26, 2022](https://www.cnipa.gov.cn/jact/front/mailpubdetail.do?sysid=13&transactId=391869), translated by Ginbing ## An individual's business license is no longer usable: what proof of status is needed to respond? > For a mark registered in a natural person's name, a copy of the identity card signed by the applicant is enough when responding. > > [CNIPA reply of May 16, 2022](https://www.cnipa.gov.cn/jact/front/mailpubdetail.do?sysid=13&transactId=393502), translated by Ginbing ## Must an individual opponent hold an individual business license? > Where the applicant is a natural person, it must submit a copy of a valid document such as an identity card or passport. > > [CNIPA reply of April 20, 2020](https://www.cnipa.gov.cn/jact/front/mailpubdetail.do?sysid=13&transactId=54881), translated by Ginbing ## Is there an exchange of evidence or a cross-examination stage in opposition proceedings? > At present there is no cross-examination stage in opposition responses. > > [CNIPA reply of June 10, 2021](https://www.cnipa.gov.cn/jact/front/mailpubdetail.do?sysid=13&transactId=357242), translated by Ginbing ## How long does an opposition take, and what follows the decision? > 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. > > [CNIPA reply of April 27, 2021](https://www.cnipa.gov.cn/jact/front/mailpubdetail.do?sysid=13&transactId=352811), translated by Ginbing ## How is a mark recognized as well known in China? > 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. > > [CNIPA reply of July 7, 2020](https://www.cnipa.gov.cn/jact/front/mailpubdetail.do?sysid=13&transactId=60233), translated by Ginbing ## Is a well-known mark protected across all industries? > 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. > > [CNIPA reply of December 31, 2020](https://www.cnipa.gov.cn/jact/front/mailpubdetail.do?sysid=13&transactId=342879), translated by Ginbing ## What extra document is needed to seek well-known mark protection in an opposition? > 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. > > [CNIPA reply of November 24, 2021](https://www.cnipa.gov.cn/jact/front/mailpubdetail.do?sysid=13&transactId=376032), translated by Ginbing ## Related pages - [CNIPA: Opposition guide](/docs/china-trademark/cnipa-guide-opposition) - [CNIPA's answers on refusal, opposition and Madrid](/docs/china-trademark/cnipa-answers-refusal-opposition-madrid) - [After you file](/docs/china-trademark/after-you-file)