Trademark Resources

Trademark Opposition

The following cases are where you are likely to file the trademark opposition.

1. When your trademark encounters “preemptive registration” or “rush register”, that is, your trademark has been filed first by another applicant; CTPLO can assist you to file the opposition against the previous trademark during its publication.

2. Your trademark has already been filed in China, but during the regular trademark maintenance after CTPLO gets entrusted, CTPLO finds another applicant has filed the same trademark in the relevant classes. To protect your own interests and unique brand, you could file the opposition against the same trademark. For example, your trademark has been registered in Class 25 (Clothing). CTPLO finds that your trademark has been filed in Class 18 (Leather). It might succeed according to the Trademark Law of PR. China, for they are not in the same class. To cancel the trademark in the relevant classes, you could file the opposition with the help of CTPLO.

3. Your trademark has already been filed in China, but during the regular trademark maintenance after CTPLO gets entrusted, CTPLO finds another applicant has filed a similar trademark in same class, which might make confusion or infringement to your own trademark. But it passed examination and entered the publication. To protect your interests, an opposition could be filed. For example, you are a company producing screws bearing the registered trademark of “bmw”, while someone else filed the “mwq” in the same class and sub-class. Usually “mwq” will pass the examination under the Regulation of Examination. If you fail to file the opposition against “mwq” during publication, it might infringe your exclusive right of “bmw” because “mwq” looks quite like “bmw” when “bmw” takes a U turn. Such details might be out of your notice. You need CTPLO to monitor your trademark.