# Filing a trademark opposition An English translation of CNIPA's guide to filing a trademark opposition in China: who may oppose on which grounds, filing routes, required materials, proof of standing, fees, and how deadlines are counted. Canonical URL: https://ginbing.com/docs/china-trademark/cnipa-guide-opposition Markdown URL: https://ginbing.com/docs/china-trademark/cnipa-guide-opposition/index.md ## TLDR Under this guide, an opposition is filed within three months of the preliminary approval announcement, by a prior right holder or interested party or by anyone, depending on the ground. A foreign person or enterprise without habitual residence or a place of business in China files through a recorded trademark agency. ## Guide CNIPA's guide, translated by Ginbing. The Chinese original is on [CNIPA's website](https://sbj.cnipa.gov.cn/yyzn/2026/0910/53805.html). ## About this translation - **Official page.** [China Trademark Office website](https://sbj.cnipa.gov.cn/yyzn/2026/0910/53805.html) - **Issued by.** CNIPA Trademark Office - **CNIPA's dates.** Published December 30, 2020. The page says its content was revised in December 2020. - **Checked against the official page.** November 6, 2026 > This is Ginbing's own English translation, for reference. It is not an official translation, and Ginbing is not part of CNIPA. Only the Chinese text is official. > **Warning:** This guide cites the 2019 Trademark Law, including its three-month opposition period. Article 36 of the [revised law](/docs/china-trademark/laws/trademark-law/2026), which takes effect on January 1, 2027, states a two-month period and cites different article numbers for the grounds. CNIPA may revise its guidance. ## Conditions and legal basis > An opponent shall have the standing required by Article 33 of the Trademark Law. Within three months from the date of the preliminary approval announcement, a prior right holder or interested party who considers that the mark violates Article 13, paragraphs 2 and 3, Article 15, Article 16, paragraph 1, Article 30, Article 31, or Article 32 of the Law, or any person who considers that it violates Article 4, Article 10, Article 11, Article 12, or Article 19, paragraph 4 of the Law, may file an opposition with the Trademark Office. ## How to file > The applicant may file an opposition with the Trademark Office in the following ways: > (1) Appoint a trademark agency recorded with the Trademark Office. > (2) File directly. > (3) File electronically, on its own or through a trademark agency recorded with the Trademark Office. See the "Online Application" section for how to submit. > Address of the trademark online service system: https://sbj.cnipa.gov.cn/trademark-apply > There are 3 ways to file an opposition directly: > 1. In person at the Trademark Office's Registration Hall. > Address of the Registration Hall: No. 1 Chamanan Street, Xicheng District, Beijing. > Postal code: 100055. > Office hours: Monday to Friday, 8:30-11:30 and 13:30-16:30 (except national statutory holidays). > Enquiries: 010-63218500. > 2. By post or another courier company. > Address: Document Receiving Section, China Trademark Building, No. 1 Chamanan Street, Xicheng District, Beijing. > Postal code: 100055. > 3. Through the trademark online service system. > Note: a foreign person or foreign enterprise filing an opposition shall appoint a trademark agency recorded with the Trademark Office, unless it has a habitual residence or place of business in China. ## Documents and procedure > (1) Opposition materials to submit > 1. The Trademark Opposition Application Form. > The form can be downloaded from "China Trademark Website > Trademark Application Forms" (address: sbj.cnipa.gov.cn). > 2. A copy of the applicant's identity document. > A natural person shall submit a copy of a valid document such as an identity card or passport. A legal person or other organization shall submit a copy of the corresponding document, such as a business license, public institution legal person certificate, social organization legal person registration certificate, private non-enterprise unit registration certificate, foundation legal person registration certificate, law firm practice license, or proof of establishment. > 3. Clear grounds for opposition, facts, and legal basis, with supporting evidence. The statement of grounds shall bear the opponent's signature or official seal. > 4. An applicant opposing under Article 4, Article 10, Article 11, Article 12, or Article 19, paragraph 4 of the Trademark Law shall explain whether the opposed mark violates those provisions, and shall not merely list them. An applicant relying on Article 4 shall attach evidence that the party opposed filed in bad faith without the purpose of use. An applicant relying on Article 19, paragraph 4 shall attach evidence that the applicant for the opposed mark is a trademark agency. > 5. An applicant opposing under Article 13, paragraphs 2 and 3, Article 15, Article 16, paragraph 1, Article 30, Article 31, or Article 32 of the Trademark Law shall submit documents proving its standing as a prior right holder or interested party (see Part 4). > Note: evidence that the applicant is a prior right holder or interested party is a required document that must be submitted when the applicant first files an opposition on relative grounds. At the formal examination stage of the opposition, only preliminary evidence of the prior right or interest is needed. > 6. An applicant using a trademark agency shall submit a trademark agency power of attorney, stating the agent's authority, the matters covered, and the date of authorization. An agency cannot act for both parties in the same opposition case. > (2) Specific requirements > 1. One opposition application may oppose only one preliminarily approved mark. To oppose a mark filed in several classes, the applicant may list the classes in one opposition application, or file separately for each class of the opposed mark. > 2. Opposition materials shall be submitted in two sets, marked as the original and the copy, with a table of contents for the evidence and page numbers. The evidence shall be complete and concise. Paper evidence may be printed on both sides. Where there is a large amount of evidence, submission on an electronic medium such as a disc is recommended. > 3. An opposition and related matters shall be handled in Chinese, and paper opposition documents shall be typed or printed. Evidence in a foreign language shall come with a corresponding Chinese translation. > 4. The opposition form shall be completed correctly, in the standard way, item by item, with a seal or signature matching the applicant's name in the "Applicant Seal (Signature)" field. > 5. An applicant who needs to submit further evidence shall tick the relevant box on the opposition form, and shall submit it within 3 months from the date of filing the opposition. > (3) Points to note for electronic filing > 1. An applicant filing an electronic opposition directly shall first register as a user of the trademark online service system. > 2. Applicants and agencies filing electronically shall follow this guide together with the requirements on the system's pages when completing the details and uploading materials. The specific requirements for the form and materials are the same as for paper filings, but only one set is needed. > 3. Except in special circumstances, the later stages of an electronic opposition do not accept paper documents. ## Proof of standing > An applicant opposing under Article 13, paragraphs 2 and 3, Article 15, Article 16, paragraph 1, Article 30, Article 31, or Article 32 of the Trademark Law shall submit documents proving its standing as a prior right holder or interested party. For example: > 1. An opposition based on an earlier registered or earlier filed mark (Article 13, paragraph 3, Article 30, and Article 31 of the Trademark Law) shall list the trademark registration number or application number. > 2. An opposition based on earlier use of a mark (Article 13, paragraph 2 and Article 32 of the Trademark Law) shall submit evidence of the earlier use, which shall be able to show the mark as used, the goods or services, the date of use, and the user. > 3. An opposition claiming a pre-emptive filing by an agent, representative, or party with a specific relationship (Article 15 of the Trademark Law) shall provide evidence that can prove the applicant being opposed has an agency, representative, or other specific relationship with the opponent. > 4. An opposition based on protection of a geographical indication (Article 16, paragraph 1 of the Trademark Law) shall provide the relevant geographical indication materials. > 5. An opposition based on an earlier trade name right (Article 32 of the Trademark Law) shall submit a copy of a certificate such as a company business license or individual business license, or information on the opponent's trade name issued by the registration authority, which can show that the trade name was registered and used before the filing date of the opposed mark. > 6. An opposition based on an earlier copyright or design patent (Article 32 of the Trademark Law) shall submit copies of proof such as a copyright or patent registration certificate, a commissioned creation contract, a copyright or patent assignment contract, or proof that the work was publicly published. > 7. An opposition based on an earlier right in a name (Article 32 of the Trademark Law) shall submit a copy of the natural person's identity card or passport. A claim based on a stage name, pen name, alias, or courtesy name shall also submit copies of documents that can prove the link between the natural person and that name. > 8. An applicant that is an interested party shall submit documents proving a direct interest in the prior right claimed, such as a license contract, agency contract, distribution contract, franchise contract, assignment contract, commissioned creation contract, brokerage contract, proof of capital contribution, notice of acceptance of a transfer of rights, or proof of being a relevant business operator in the area a geographical indication refers to. ## Paying the opposition fee > The opposition fee is paid according to the classes of the mark opposed. For the amount and how to pay, see the "Trademark Fee Payment Guide" section. ## Points to note > 1. An applicant may oppose only during the opposition period, and only a mark preliminarily approved by the Trademark Office and published in the Trademark Gazette (《商标公告》). The opposition period is 3 months, counted from the day after the preliminary approval announcement. If its last day is a statutory holiday, it extends to the first working day after the holiday. > 2. The date an opposition is filed with the Trademark Office is: for delivery in person, the delivery date; for post, the postmark date of sending or, if the postmark is unclear or missing, the date the Trademark Office actually receives it; for a courier other than a postal company, the date the courier accepted it or, if that date is unclear, the date the Trademark Office actually receives it, unless the party can provide evidence of the actual date of acceptance. > This content was revised in December 2020. If it later changes, or differs from what the reception staff of the Trademark Registration Hall require in practice, the staff's requirements prevail. ## Related pages - [What happens after you file](/docs/china-trademark/after-you-file) - [First-to-file in China](/docs/china-trademark/first-to-file) - [CNIPA's official fees](/docs/china-trademark/cnipa-official-fees) - [Applying to register: CNIPA's guide](/docs/china-trademark/cnipa-guide-applying-to-register)