China Trademark Oppositions
Have you discovered that someone is applying for a trademark suspiciously similar to yours in China? Don’t panic! This blog post will guide you through the process of filing an opposition with the China National Intellectual Property Administration (CNIPA).
What CNIPA Looks For
When evaluating trademark oppositions, CNIPA focuses on two key factors:
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Your Prior Use in China. Have you used the trademark in China before the other party filed their application? Evidence like contracts, purchase orders, photos, or customs declarations referencing your trademark use can strengthen your case. Remember, this evidence must predate the other party’s filing date. Also, it must reference the trademark in some way, ideally functioning as a trademark (rather than just as a company name). If your existing evidence seems limited, consider obtaining a declaration from your Chinese suppliers attesting to your prior use.
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Applicant’s Bad Faith. While a low number of applications from the other party might weaken a pure “squatting” argument, bad faith could still be involved. For example, their applications might target trademarks used by established brands. However, establishing prior use is generally a more impactful strategy for a successful opposition.
Time is of the Essence
Once you decide to oppose, time is crucial. From the date the trademark is published for opposition, you only have three months to file an opposition. As opponents have three months to submit evidence after filing, it’s best to file the opposition quickly, then focus on gathering and reviewing the evidence. This allows for a smoother submission process within the allotted timeframe.
Beware of “Helpful” Service Providers
It is quite possible that you will first find out about a bad faith application to register your trademark through an email from a seemingly helpful China trademark practitioner. Resist any urge to respond. While the information might be accurate, there are many risks associated with responding to those emails.
In the worst-case scenario, the “trademark professional” who wrote to you might actually be in cahoots with the bad faith applicant or be part of the same syndicate. The last thing you want is to indicate to them that you care about your trademark. Even if those who write to you are legitimate trademark practitioners, your case might not get the level of attention it warrants. Moreover, the outfit that wrote to you could lack experience dealing with foreign clients, which could lead to all sorts of complications. For more on China legal scams, check out China Contract Drafting Scams: From Bad to Much Worse.
Let’s Talk!
Ready to protect your brand in China? Contact us today for a free consultation to discuss your specific situation and see if an opposition is the right course of action.
Don’t wait—taking swift action can make all the difference in protecting your trademark in and against China.
