China’s trademark opposition system: a step-by-step guide

On August 30, 2013, the Standing Committee of China’s 12th National People’s Congress approved an amendment to the country’s Trademark Law. This was the third amendment of the Trademark Law, which was originally enacted in 1982. The purpose of the change was to implement the government’s national intellectual property strategy for promoting economic development.

One major change relates to the trademark opposition procedure, as set out in paragraphs 2 and 3 of article 35 of the Trademark Law. The opposition mechanism adopted a system of “final decision in the first instance”, which better protects trademark applicants from malicious parties that attempt to hinder trademark registrations by taking advantage of a lengthy opposition process. The amendment shortens the overall time required for examination and registration (see Figures 1 and 2).