Trademark Opposition and Invalidation Declaration Procedural Guide

Trademark opposition and invalidation declaration are important legal procedures for preventing preemptive registration by others or removing improperly registered trademarks. Enterprises should make good use of these tools to protect brand rights.

1. Trademark Opposition Procedure

For a trademark preliminarily approved and published, prior rights holders and interested parties may file an opposition with the Trademark Office within 3 months from the publication date. Grounds include: infringement of prior rights (well-known marks, prior registered trademarks, prior-used marks with certain influence), bad-faith preemptive registration, and lack of distinctiveness. If the opposition fails, the trademark is approved for registration.

2. Invalidation Declaration Procedure

For registered trademarks violating absolute grounds (lack of distinctiveness, deceptive means, adverse effects, etc.), any person may request invalidation. For violations of relative grounds (infringement of prior rights, etc.), prior rights holders may request invalidation within 5 years from the registration date (well-known trademark owners are not subject to the 5-year limit). Invalidation declarations are filed with the Trademark Review and Adjudication Board.

3. Evidence Preparation Essentials

Evidence is decisive in opposition/invalidation cases. Required materials include: prior trademark registration certificates, trademark use evidence (sales contracts, invoices, advertising, award certificates), trademark reputation evidence (media coverage, market share, rankings), and respondent bad-faith evidence (correspondence, records of preemptively registering multiple trademarks). Evidence must form a complete chain.

4. Procedural Coordination and Strategy

Opposition and invalidation may be selected based on the trademark's procedural stage. Opposing a trademark during the preliminary publication period is lower cost; only invalidation is available for registered trademarks. Enterprises are advised to regularly monitor trademark gazettes and promptly file oppositions upon detecting preemptive registration. Maintaining records of own trademark use is also recommended as a foundation for enforcement.