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ARTICLE · 11 MAY 2020

Provisional Refusal Based On Opposition Concerning International Registrations Designating China

This article discusses filing an opposition action and responding to an opposition action for an international registration.

ChinaIntellectual Property

This article discusses filing an opposition action and responding to an opposition action for an international registration.

Filing an opposition action

For national trademark applications, after the application is filed, the National Intellectual Property Administration, PRC ("CNIPA") will initiate a preliminary examination to check the application formalities.  Assuming everything is in order, the CNIPA will issue a formal filing receipt and then begin the substantial examination.  If no rejection is issued by the CNIPA, they will preliminarily publish the applications for opposition purposes for 3 months.

While for international registrations, the CNIPA conducts the ex officio examination and the opposition procedure in parallel and does not republish international registrations for opposition purposes.

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