A Comprehensive Overview of the Amended PRC Trademark Law (4)

The Amended PRC Trademark Law | Effective January 1, 2027

Article 36 · Opposition Period Shortened to Two Months

Article 36: For a trademark that has been provisionally approved and published, a prior-rights holder or an interested party may, within two months from the date of publication, file an opposition with the trademark administration department under the State Council if it considers that the trademark violates Articles 20 to 22, paragraph 1 of Article 23, or Article 24 of this Law; any person may file an opposition if it considers that the trademark violates Article 15, paragraph 1 of Article 16, Articles 17 to 19, or Article 25 of this Law. If no opposition is filed upon expiration of the publication period, the registration shall be approved, a trademark registration certificate shall be issued, and the registration shall be published.

Why It Matters

Key change: the opposition period is shortened from three months to two months. This is intended to shorten the trademark rights-confirmation cycle and to curb bad-faith, dilatory oppositions and opportunistic oppositions filed to extract profit.