PRC Trademark Opposition Procedures 09.30.2019
How a PRC trademark opposition is commenced
Oppositions should be filed within 3 months from the date of publication in the Chinese Trademark Gazette (if an application is published on 13 March, the deadline to oppose will fall on 13 June). The deadline is non-extendable.
Typical steps in PRC trademark opposition
A Notice of Opposition with the Opposition Grounds and evidence of opposition must be filed within 3 months of the Gazette
After the opposition is admitted, the Opponent may file supplemental opposition grounds and evidence within 3 months after preliminary filing of the Notice of Opposition.
After the opposition is admitted or the supplemental opposition grounds and evidence are filed, whichever is the later, the Applicant will file Counter-Statement within 30 days thereafter upon receipt of official notice from the China Trademark Office (CTMO).
The Applicant may file supplemental response and evidence within 3 months from initial filing of the Counter-Statement.
After receiving the submissions and responses of the parties, the CTMO will examine the case, consider the arguments of both parties, and render a decision.
If the CTMO approves the opposition and refuses the trademark application, the Applicant can apply for a review before the Trademark Review and Adjudication Board (TRAB) within 15 days upon receipt of the opposition decision. The TRAB shall review both parties’ arguments according to the relevant provisions of Trademark Review and Adjudication Rules before ruling a decision. In case the TRAB maintains the CTMO refusal decision, the Applicant may appeal within 30 days upon receipt of the TRAB decision before the People’s Court of Beijing.
The following is a brief diagram illustrating the typical steps in PRC trademark opposition for further reference.