Comparative Guides
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Results: 4 Answers
Trademarks
5.
Oppositions
5.1
Can a third party oppose a trademark application?
 
China
Yes, a third party can oppose a trademark application during the three-month opposition period.

For more information about this answer please contact: Stephen Yang from IP March
5.2
Who has standing to oppose a trademark application?
 
China
If a holder of prior rights or an interested party holds that the published trademark is in violation of relative grounds for refusal, it may oppose the mark within the opposition period.

Any party that is of the opinion that the published mark is in violation of absolute grounds for refusal may oppose the mark within the opposition period.

For more information about this answer please contact: Stephen Yang from IP March
5.3
What is the timeframe for opposing a trademark application?
 
China
The opposition period is three months as from the publication date of the mark.

For more information about this answer please contact: Stephen Yang from IP March
5.4
Which body hears oppositions?
 
China
The China Trademark Office (CTMO).

For more information about this answer please contact: Stephen Yang from IP March
5.5
What is the process by which an opposition proceeds?
 
China
Where an opposition is raised, the CTMO will send a notification and a copy of the opposition to the opposed party. The opposed party has 30 days from receipt of the notification to respond; further evidence can be submitted within three months of the response date. Whether the opposed party responds or not, the CTMO will decide whether to approve the registration of the mark after investigation and verification.

For more information about this answer please contact: Stephen Yang from IP March
5.6
Can the decision on the opposition be appealed? If so, to what body and by what procedure?
 
China
If dissatisfied with the CTMO’s decision to approve registration of the trademark, the opponent may request the Trademark Review and Adjudication Board (TRAB) to declare the registration invalid.

If dissatisfied with the CTMO’s decision not to approve registration of the trademark, the opposed party may apply for a second review to TRAB within 15 days of receipt of the relevant notice.

For more information about this answer please contact: Stephen Yang from IP March