How do I opposition a trade mark in China?

As an intellectual property lawyer with twenty years of experience practicing in China, I will provide a detailed guide on how foreign enterprises can file a trademark opposition in China. This article will discuss the circumstances under which a trademark opposition can be filed, the evidence required for filing a trademark opposition, and the expertise of Michael Xu's legal team in trademark infringement legal services.

I. Circumstances Under Which a Trademark Opposition Can Be Filed in China

Identical or Similar Trademarks

1. Identical or Similar to Registered Trademarks: If a newly applied trademark is identical or similar to an existing registered trademark, potentially causing confusion or misrecognition, the relevant rights holder can file an opposition.

2. Identical or Similar to Unregistered Well-Known Trademarks: Rights holders of unregistered but well-known trademarks in China can also file an opposition against identical or similar applied trademarks.

Unfair Means

1. Malicious Registration: If the applicant has used unfair means to preemptively register a trademark that another party has already used and has some influence, the relevant rights holder can file an opposition.

2. Preemptive Registration of Others' Trademarks: If the applicant knowingly preemptively registers a trademark that another party has previously used and has some influence, the relevant rights holder can file an opposition.

Violation of Legal Provisions

1. Conflict with Laws and Regulations: If the applied trademark violates the provisions of the Trademark Law and other relevant laws and regulations, the relevant rights holder can file an opposition.

2. Infringement of Others' Legitimate Rights: If the applied trademark infringes on others' prior rights, such as name rights, portrait rights, copyrights, etc., the relevant rights holder can file an opposition.

II. Evidence Required for Filing a Trademark Opposition

Basic Evidence

1. Trademark Application Documents: The application documents of the opposed trademark, including the trademark design, applicant information, application date, etc.

2. Proof of Prior Rights: Documents proving the opposer's prior rights, such as trademark registration certificates, well-known trademark recognition certificates, etc.

Usage Evidence

1. Trademark Usage Evidence: Evidence proving the opposer's prior use of the trademark, such as advertising materials, sales records, invoices, etc.

2. Market Influence: Evidence proving the market influence and recognition of the opposer's trademark, such as media reports, market survey reports, etc.

Infringement Evidence

1. Evidence of Confusion or Misrecognition: Evidence proving that the opposed trademark is identical or similar to the opposer's trademark, potentially causing consumer confusion or misrecognition.

2. Evidence of Malicious Registration: Evidence proving the applicant's malicious registration behavior, such as the applicant's previous registration records, relationship with the opposer, etc.

Legal Basis

Legal Provisions: Citing relevant legal provisions to explain the legal basis for filing the opposition.

III. Professional Services of Michael Xu's Legal Team

Michael Xu's legal team has over 15 years of extensive experience in trademark opposition and infringement legal services in China. We are dedicated to providing comprehensive trademark protection and enforcement solutions to help clients effectively safeguard their trademark rights in the Chinese market.

Team Background

1. Michael Xu's legal team comprises experienced lawyers and trademark experts specializing in trademark opposition and infringement legal services for 15 years, accumulating extensive experience.

2. We have accumulated rich experience in handling trademark opposition and infringement cases for well-known domestic and international companies, providing clients with the best legal solutions.

Professional Expertise

1. We stay abreast of the latest developments in trademark protection laws and practices both domestically and internationally to provide clients with cutting-edge legal advice.

2. We excel at handling complex trademark opposition and infringement investigations and claims, ensuring maximum protection of our clients' legal rights.

Success Stories

1. We have successfully managed numerous trademark opposition and infringement cases for well-known domestic and international companies, effectively safeguarding their intellectual property.

2. Our professional services and outstanding results have earned unanimous recognition and high praise from our clients.

Through our professional services, foreign enterprises can ensure their trademarks are fully protected in China and receive the most professional legal support and solutions when facing trademark opposition and infringement issues.