Checked: 2 November 2026 (official source pages); check updates before publication.
Direct answer
First verify the other mark’s official status. A pending application, a preliminarily published mark and a registered mark call for different procedural questions.
Establish the facts before alleging infringement
Record the other mark’s application number, applicant, filing date, goods or services and current stage from the official register or publication record. Preserve the search result with its retrieval date. Compare the exact signs and the goods, not just their English transliterations. Then collect your earlier Chinese registrations, pending applications and evidence of your brand’s use or relationship with the other applicant. Similarity is a legal assessment, not a conclusion a search result can make.
Match the response to the stage
The 2019 Trademark Law distinguishes objections to a preliminarily published application, invalidation of a registered mark and other proceedings. CNIPA’s public-service guide lists separate matters and documents. A brand owner may also need to consider whether it should file or improve its own China protection. Do not assume a complaint to a marketplace substitutes for a formal challenge to a trademark application.
The 2026 revised law is enacted but starts on 1 January 2027. Its Article 36 changes the opposition period for a preliminarily published mark from the current three months under Article 33 of the 2019 law to two months once the new law applies. The applicable period and any transition rule must be calculated for the actual publication date, not copied from a general guide.
Set a response owner
Assign one person to obtain the official record and preserve evidence, and another to secure professional procedural review. Ask for an action list showing the ground, standing, filing method and deadline. This triage is more useful than sending an unverified screenshot marked “counterfeit.” ## Questions to resolve before action
- Is the target only filed, published or already registered?
- What exact goods and marks are involved?
- What earlier rights or other grounds can be evidenced?
- Which law and deadline apply to this publication?
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
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.