Checked: 2 November 2026 (official source pages); check updates before publication.
Direct answer
Choose the procedure from the other mark’s official status and the legal ground, not from how strongly the brands look alike.
First ask whether the target is registered
Opposition addresses a mark in the preliminary-publication stage. Invalidation concerns an already registered mark on legally specified grounds. A non-use cancellation request concerns a registered mark that may meet the statutory non-use condition. The 2019 Trademark Law treats these as separate procedures in Articles 33, 44–45 and 49. CNIPA’s public-service guide likewise lists distinct matters, forms and steps.
Then identify the basis of the complaint
A conflict with an earlier right, an allegedly bad-faith application and non-use are different assertions. Each needs its own evidence: register records and earlier-right documents, circumstances of the application, or preliminary non-use investigation. A business dispute with a distributor does not by itself decide which ground succeeds. If there is a live infringement problem as well, that may require a separate response. Do not present one procedure as an all-purpose route that can cancel any similar mark.
Time the decision correctly
Under the current 2019 text, opposition to a preliminarily published mark is tied to a three-month window from publication. The enacted 2026 law, taking effect 1 January 2027, states a two-month opposition period in Article 36. An actual deadline depends on the official publication and applicable transition provisions. Invalidation and non-use challenges have their own conditions; they cannot be used as a substitute for guessing a missed opposition window.
Prepare a short brief with mark numbers, statuses, goods, applicant identity, earlier rights, evidence dates and the desired business outcome. Ask a China trademark professional to identify the exact procedure, standing and documents. ## Questions to resolve before action
- Is the target published or registered?
- Is the concern prior rights, registration conduct or non-use?
- What is the governing text and official date?
- Which evidence establishes the chosen ground?
Official sources and scope
- https://www.cnipa.gov.cn/art/2019/7/30/art_95_28179.html
- https://www.cnipa.gov.cn/art/2026/6/26/art_3686_206940.html
- https://www.cnipa.gov.cn/module/download/downfile.jsp?classid=0&filename=90e629cd05114970bb26ce028198002c.pdf
- https://www.cnipa.gov.cn/art/2025/5/30/art_55_199891.html
As checked on 2 November 2026, the 2019-amended Trademark Law is the current law. The revised law was adopted on 26 June 2026 and is scheduled to take effect on 1 January 2027 (Article 87). A consultation draft is not an operative rule. Confirm the governing text and any final implementation or transition measure for the date of the specific matter. This article is ChanYond’s independent reading aid, not a CNIPA statement or case-specific legal advice.