Bad-faith trademark registration — commonly known as trademark squatting — is one of the most frustrating challenges in China’s Opposition & Disputes landscape. In March 2026, CNIPA published a comprehensive Q&A document on the examination and adjudication of bad-faith trademark registrations, signaling a stronger stance against squatters. This article explains how to invalidate bad-faith registrations using the invalidation procedure.

What Constitutes Bad-Faith Registration?

Under Chinese trademark law, bad-faith registration includes:

  • Preemptive registration: Registering a trademark that another party has previously used and gained influence for, through improper means (Article 32)
  • Agent or representative registration: An agent or representative registering the principal’s trademark without authorization (Article 15)
  • Registration of well-known marks: Copying or imitating well-known trademarks (Article 13)
  • Mass filing: Filing large numbers of trademarks without genuine intent to use
  • Registration for sale: Registering trademarks primarily for the purpose of selling them to the rightful owner

The Invalidation Procedure: Articles 44 and 45

China’s Opposition & Disputes system provides two main pathways for invalidation:

Article 44: Absolute Grounds Invalidation

Any person can request invalidation of a registered trademark on absolute grounds at any time. Absolute grounds include lack of distinctiveness, deceptive marks, prohibited content, and registration obtained through fraud or other improper means.

Article 45: Relative Grounds Invalidation

Prior rights holders can request invalidation on relative grounds within five years of the registration date. For well-known marks registered in bad faith, there is no time limit. Relative grounds include conflict with prior trademarks, copyrights, design patents, and trade names.

Evidence Required for Invalidation

Successful invalidation in Opposition & Disputes proceedings requires strong evidence. Key evidence categories include:

  • Evidence of prior use: Sales records, advertising materials, contracts showing use of the mark before the disputed registration
  • Evidence of reputation: Market surveys, media coverage, industry awards, and consumer recognition data
  • Evidence of bad faith: The registrant’s business relationship with the petitioner, demand letters soliciting purchase of the mark, mass filing patterns
  • Evidence of prior rights in other jurisdictions: Trademark registration certificates from other countries

CNIPA’s 2026 Bad-Faith Q&A: Key Takeaways

CNIPA’s March 2026 Q&A document provides important guidance for Opposition & Disputes practitioners:

  • Broader definition of bad faith: CNIPA now considers circumstantial evidence, including the applicant’s overall filing behavior
  • Faster processing: CNIPA has committed to expedited review of bad-faith invalidation requests
  • Stricter penalties: Applicants found to have filed in bad faith may face administrative penalties
  • Enhanced cooperation: CNIPA is improving data sharing with other government agencies to identify bad-faith filers

Invalidation Grounds and Procedure Overview

Invalidation sits between opposition (before registration) and cancellation. Opposition is filed during the three-month publication window, while invalidation targets a mark already on the register — within five years for relative grounds, or without any time limit for bad faith.

Absolute grounds (Articles 10, 11, and 12 — deceptive, descriptive, or prohibited marks) can be raised at any time. Relative grounds (Articles 13, 15, 16, 30, 31, and 32 — prior marks, well-known marks, unauthorized agent filings, and other prior rights) carry a five-year limit from registration, except for marks registered in bad faith, which have no deadline.

The procedure follows five steps:

  1. Pre-filing assessment: confirm standing, the applicable ground, and whether the five-year window still applies.
  2. Petition: file the invalidation petition with CNIPA’s review and adjudication department, with grounds, evidence, and a Power of Attorney.
  3. Review: the registrant is notified and has 30 days to respond; both sides may add evidence.
  4. Decision: a decision is usually issued within 12-18 months.
  5. Appeal: either party may appeal to the Beijing Intellectual Property Court within 30 days.

For fees, check the current CNIPA official fee schedule rather than relying on outdated figures. Filing a parallel non-use cancellation action can also be faster and cheaper if the target mark has been registered for more than three years.

Timeline and Costs

An invalidation proceeding typically takes 12-18 months from filing to decision. Costs vary depending on the complexity of the case, the number of registered marks being challenged, and the legal fees involved. For foreign applicants, the proceeding must be conducted through a CNIPA-accredited trademark agency.

Conclusion

Invalidating a bad-faith trademark registration is a key component of China’s Opposition & Disputes framework. With CNIPA’s strengthened stance against bad-faith filings in 2026, brand owners have more tools than ever to fight trademark squatting. The key to success is acting promptly, gathering comprehensive evidence, and working with experienced Chinese IP counsel.

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Disclaimer: This article is for informational purposes only and does not constitute legal advice.