Direct answer
A China trademark opposition needs a stated legal ground, supporting facts and evidence linked to that ground. Evidence should show why the opponent is entitled to rely on the asserted right, not merely that the two signs look alike.
Identify the basis and standing
CNIPA’s public-service guide says an opposition application includes the form, identity documents, clear reasons, facts and legal basis with supporting evidence. For grounds based on earlier rights or interests, the guide requires material showing the opponent is the prior right holder or interested party. The current Article 33 distinguishes grounds available to any person from those tied to an earlier right or interest. The enacted 2026 revision changes the article structure; future cases need a fresh mapping.
Organize evidence around each proposition
A working file might include official records of the earlier mark, evidence of ownership or authorization, dated use and distribution materials, and records of any relationship with the applicant if relevant to the pleaded ground. These are possible evidence categories, not a complete checklist for every case. Preserve originals and provenance, and prepare translations where the official procedure requires them. The CNIPA online-opposition guide emphasizes that factual and legal grounds should correspond to the evidence submitted.
Check publication and service
Before preparing a large bundle, confirm the contested mark is preliminarily published, its goods are correctly identified and the publication date is recorded. The 2019 and 2026 laws have different opposition periods. Have counsel decide admissibility, procedural form and timing; uploading a large file does not cure a missing legal basis or expired period.
Questions to put in a case brief
- Which precise article and right support the opposition?
- How does the proposed opponent prove standing?
- Does each factual claim have dated, attributable evidence?
- Which publication and service dates control the filing?
Legal timing and limits
On 2 November 2026, Article 33 of the 2019 amended Trademark Law gives a three-month opposition period from preliminary publication. Article 36 of the 2026 revised Trademark Law states two months, but that revision does not take effect until 1 January 2027. The transitional treatment of a particular publication or matter must be checked against final implementation rules and the official record; do not apply the two-month text before it is effective.
This page is ChanYond’s independent explanation of public source material, not an official CNIPA or WIPO statement. Exact procedural deadlines, eligibility, fees and available remedies must be checked against the actual notice, the current official instructions and the facts of the matter. A filing or registration outcome is never guaranteed.
Official sources and scope
The links below are the official materials checked on 2 November 2026. For a particular matter, check the operative text, any implementing measures and the actual notice before acting.