Bad faith trademark filings—commonly known as trademark squatting—remain one of the biggest challenges for international brands entering China. The good news: CNIPA has strengthened its stance against bad faith filings, and opposition success rates have improved. Here is how to build a winning opposition case.

What Qualifies as Bad Faith in China?

Under the 2019 Trademark Law amendments, Article 4 explicitly prohibits bad faith filings. CNIPA considers these factors:

  • Prior use and reputation: The foreign brand was already known before the squatter filed
  • No genuine intent to use: The filer has no actual business related to the goods/services claimed
  • Pattern of behavior: The same individual or entity has filed numerous other well-known brands
  • Relationship evidence: The filer had prior business dealings, distribution agreements, or knowledge of the brand

Evidence That Wins: What CNIPA Looks For

Evidence Type Strength Examples
Prior use in China Strong Sales records, invoices, shipping documents, contracts with Chinese partners
International reputation Moderate Global sales figures, media coverage, social media presence, awards
Filer’s bad faith pattern Strong Screenshots of other well-known brands filed by the same person/company
Prior relationship Very Strong Emails, distribution agreements, meeting records showing the filer knew your brand
Copyright/design rights Strong Original logo designs, copyright registration certificates predating the filing

Opposition Timeline and Process

  • Publication window: 3 months from the date of preliminary approval publication
  • Filing deadline: You must submit your opposition before the 3-month window closes
  • CNIPA review: 12–18 months for a decision
  • Appeal: If the opposition is rejected, you can appeal to the CNIPA Trademark Review and Adjudication Department (TRAD)

Building a Strong Case: The 5-Piece Evidence Kit

The most successful oppositions combine multiple evidence types. Assemble what we call the “5-piece evidence kit” for maximum impact:

  1. Proof of your prior use in China — sales invoices, import records, distribution agreements, and WeChat or Tmall transaction records.
  2. Proof of international reputation — global revenue figures, press coverage, industry awards, and social media following.
  3. Proof of the filer’s bad faith pattern — a list of other well-known marks filed by the same individual or shell company.
  4. Proof of relationship or knowledge — emails, meeting minutes, or contracts showing the filer knew your brand before filing.
  5. Copyright or design registrations — certificates that predate the disputed filing and cover your logo or packaging.

Every foreign-language document should be notarized and accompanied by a certified Chinese translation. CNIPA examiners weigh Chinese-language evidence far more heavily than untranslated foreign materials.

Real-World Success Patterns

In recent years, CNIPA and the courts have increasingly sided with legitimate brand owners in bad faith cases. Successful oppositions typically share these patterns:

  • The squatter filed multiple well-known brands within a short period, demonstrating a systematic pattern of abuse.
  • The legitimate owner acted quickly, filing the opposition early in the 3-month window rather than at the last minute.
  • The case combined prior-use evidence with documented bad faith intent, rather than relying on a single legal ground.
  • The owner continued monitoring and filed parallel invalidation or non-use cancellation actions against related marks.

Key Strategy Tips

  • File early, not just on time: Gather evidence as soon as you discover the bad faith filing; do not wait until the last week
  • Submit Chinese-language evidence: Notarized translations carry far more weight with CNIPA examiners
  • Combine grounds: Raise multiple grounds—prior use, bad faith pattern, copyright infringement—for the strongest case
  • Monitor the opposition period: Bad faith filers often file multiple marks; watch for new applications during the process
  • Consider parallel invalidation: If the mark has already registered, file an invalidation action alongside any opposition

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Disclaimer: Opposition strategies and outcomes depend on specific facts and circumstances. This article provides general guidance and does not constitute legal advice.