The short answer
Under China’s revised Trademark Law, passed on 26 June 2026 and in force from 1 January 2027, the opposition period after preliminary publication falls from three months to two months. Who can oppose does not change. The number of grounds stays at eleven, but several are rewritten. Brand owners who watch the Chinese gazette should plan for a shorter window.
Who can file an opposition
The 2026 revision keeps the two-track structure of the current law.
- Relative grounds (conflict with someone’s earlier rights): only the prior right owner or an interested party can oppose.
- Absolute grounds (the mark should not be registered at all): any person can oppose.
The opposition period is shortened
The opposition window after preliminary publication is cut from three months to two months. The old Article 33 becomes new Article 36. The date from which the applicant’s exclusive right starts is also moved to the end of the two-month period (old Article 36(2) becomes Article 39(2)).
Practical point: a watch notice that used to give you three months now gives you two. Brief your China agent early, and collect evidence before the mark is published.
What changes in the grounds
The total stays at eleven grounds. The current law has five absolute grounds and the new law has six.
Relative
Articles 20 and 21
Registered marks and earlier applications are merged into one ground (Art. 20). Cross-class protection for well-known marks no longer needs a Chinese registration (Art. 21).
Relative
Article 24
“Prior rights” becomes “prior legitimate rights and interests”. The bad-faith test changes from “improper means” to acting “intentionally”.
Absolute
Articles 15 and 16(1)
Adds symbols linked to Communist Party names, flags, emblems, medals and landmarks. Geographic names get their own provision.
Absolute
Articles 18 and 19
The list of non-registrable functional signs is longer. The “not intended for use” ground now covers filings that clearly exceed normal business needs, and “deceptive or other improper means” can now be raised in opposition, not only in invalidation.
What happens after the window closes
Preliminary publication
- The Trademark Office publishes the mark.
- The two-month opposition window starts.
No opposition filed
- The mark is registered and a certificate is issued.
Opposition dismissed
- The mark is approved.
- The applicant’s exclusive right counts from the end of the two-month period.
What brand owners and agents should do
- Set watch services so that Chinese publications reach you in the first weeks, not the last.
- Keep proof of earlier rights ready: registrations, use evidence, reputation.
- Check whether a well-known mark claim can now be made without a Chinese registration (Art. 21).
- Ask your agent to confirm transitional rules for applications published before 1 January 2027.
China opposition: common questions
When does the two-month opposition period apply?
The revised Trademark Law takes effect on 1 January 2027. The source notes do not set out transitional rules in detail, so confirm with a China agent for applications published around that date.
Who can oppose a trademark in China?
For relative grounds, prior right owners and interested parties. For absolute grounds, any person. This is unchanged by the revision.
Does Bangladesh have the same system?
No. Bangladesh has its own opposition rules under the Trademarks Act 2009 and its Rules. See our Bangladesh opposition guide.
Need a Chinese trademark watched or opposed?
SUPREMEiP® works with China-based counsel and can set up watches and oppositions for you.
