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China Trademark Invalidation

When a conflicting mark has already registered, opposition is gone and invalidation is the route left — and it wipes the right from the start, as if it had never been granted.

$299 all-inclusive

Invalidate a Mark

5 years

From registration for earlier-rights grounds

Any person

May act on absolute grounds

No time limit

Against bad-faith filings of famous marks

From the start

The right is erased retrospectively

What a China trademark invalidation involves

Invalidation is the post-registration challenge: an action asking the CNIPA to declare a registered Chinese trademark invalid. The difference from opposition is purely one of timing — opposition is filed while the mark is still only published, invalidation once it has registered. If the mark you want to stop has already been granted, invalidation is what remains.

There are two families of ground, and they decide who can file. On absolute grounds — the mark is a prohibited sign, lacks distinctiveness, is functional in shape, or was filed as a bad-faith stockpiling application with no intention of use — any person may ask for invalidation. On relative grounds — the mark conflicts with an earlier right of yours, whether a registration, a prior use with influence, a copyright or another prior right — only the holder of that right or an interested party may file.

The time limit is the point most people miss. Relative grounds must be raised within five years of the registration date. Once that window closes, the registration is effectively untouchable on those grounds — even if it plainly conflicts with your earlier mark. The one real exception is a bad-faith registration of a mark that is well known: there, the holder of the famous mark is not bound by the five-year limit, which is why evidence of bad faith is worth assembling even on an old registration.

If the action succeeds, the effect is retrospective: the registration is treated as never having existed. There are carve-outs for settled matters — court judgments already enforced and licence or assignment contracts already performed are not undone — but the mark itself ceases to be a right you have to design around.

What the $299 invalidation fee covers

Ground and standing analysis We identify which grounds your facts actually support, and confirm you are entitled to run them — standing on relative grounds is a real limit, not a formality.

Timing and viability check We check the registration date against the five-year limit where the proper basis is an earlier right, and tell you honestly if the window has shut.

The action drafted in Chinese Statement of grounds, evidence index and the legal argument, assembled as a filing rather than a template letter.

Evidence review and translation We map your evidence to each ground, translate what is needed and drop what does not help — volume alone does not win these cases.

Filing and follow-up Filed with the CNIPA, with the examiner’s requests handled and the ruling reported to you in English.

Honest advice on alternatives Where invalidation is not available or not worth it, we say what else exists: cancellation for non-use, opposition to the next filing, or simply designing around the mark.

The fee is all-inclusive for the standard scope above: the CNIPA official fee is already inside the price and is never billed separately.

How invalidation runs

Send us the registration details

The registration number or the mark itself, plus whatever shows why it should not have been granted — your earlier rights, or the basis for saying the filing was made in bad faith.

We confirm grounds and standing

We match the facts to absolute or relative grounds, confirm you can bring the action, and check the five-year limit. You get a straight view of the odds before spending anything.

We assemble and file the action

Grounds, evidence and translations go in as one filing set to the CNIPA, which then gives the registered owner the opportunity to respond.

You get the ruling

The CNIPA decides within roughly nine months on absolute grounds, or twelve on relative grounds, extendable in both cases. If the result goes the wrong way, we set out the appeal and the alternatives.

Invalidation fees

All fees are quoted in writing before anything is payable.

Item	Fee	What it covers
Invalidation of a registered mark	USD 299	Ground and standing analysis, timing check, drafting, evidence review and translation, filing and follow-up to the ruling. All-inclusive.
Opposition, if the mark is still only published	USD 199	Cheaper and usually stronger than invalidation. If the mark has not yet registered, this is the service to use.
Non-use cancellation, if the mark is simply unused	USD 199	Where the registration has sat unused for three years, cancellation is often a faster way to clear it than invalidation.

Every price above is all-inclusive — the CNIPA official fees are already inside the quoted amounts and are never billed separately.

The grounds and time limits described on this page were checked on 2026-10-01. Requirements can change, and the rules in force at the time your action is filed apply.

What you need to file an invalidation

The registration you are attacking is a matter of public record; what you supply is the reasoning and the evidence behind it. Nothing has to be notarized — clean scans are enough.

The registration number Identifies the mark you want declared invalid. If you only know the mark or the owner, we locate the registration on the CNIPA register and confirm its status and dates.

Your earlier rights The Chinese or foreign registration numbers, application dates or other rights you rely on. For a prior unregistered mark, evidence of use and influence in China is what carries the case.

Evidence of bad faith, if any Dealings with the registrant, offers to sell the mark back, a pattern of filings against other brands, knowledge of your mark before they filed. This is what opens the door against the five-year limit where a famous mark is involved.

Evidence of use and reputation Sales, contracts, marketing spend, media coverage, platform listings. Useful both to establish your earlier rights and, where relevant, to show the mark is well known.

Signed Power of Attorney A foreign party without a business presence in China must act through a CNIPA-registered agent. We send our standard form — a plain signed scan is enough, no notarization.

China Trademark Invalidation — common questions

What is the difference between opposition and invalidation in China?

Timing. Opposition is filed during the publication window, before the mark registers; invalidation is filed after registration. If the conflicting mark has not yet registered, opposition is cheaper and usually more effective. Once it registers, invalidation is the route.

How long do I have to invalidate a Chinese trademark?

On relative grounds — your earlier rights — five years from the registration date. On absolute grounds, such as a mark that should never have been registrable, there is no equivalent time limit and any person may file. Where a famous mark has been registered in bad faith, the holder is not bound by the five-year limit.

Who is entitled to file?

On absolute grounds, any person. On relative grounds, only the holder of the earlier right relied on or an interested party — so a competitor with no rights of its own cannot invalidate your mark simply because it dislikes it.

What happens if the invalidation succeeds?

The registration is declared invalid and the trademark right is treated as never having existed. Decisions and judgments already enforced, and licence or assignment contracts already performed, are not unwound — but the mark stops being an obstacle, and stops being an enforceable right against you.

Is invalidation a risk for my own trademark?

Any registered mark can be challenged, which is why the file matters. Keeping evidence of use, using the mark on the goods and in the class it is registered for, and not letting a registration sit idle are the practical defences. Where your registration is challenged, we can defend it.

Can a foreign company bring an invalidation in China?

Yes, and it is a common route for brand owners whose marks have been registered by third parties. A foreign party without a habitual residence or place of business in China must act through a CNIPA-registered agent, and we handle the whole action in English.

Someone has registered your mark in China?

Send us the registration and whatever supports your earlier rights. We confirm the grounds, check the time limit and tell you honestly whether the action is worth filing — then quote it in writing.

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