Trade Mark Opposition Proceeding During Publication in 2026

February 24, 2026
3:12 pm

In 2026, it’s not unusual for a trademark application to be challenged during the publication stage — even after it has passed initial examination. This is typically when a trade mark opposition proceeding starts.

At this point, third parties may object to your trademark registration if they believe your mark:

is too similar to an existing trademark
may cause consumer confusion
or weakens the distinctiveness of their brand

In China, this process is governed under Article 33 of the Trademark Law, which allows prior rights holders to oppose a trademark within three months after it is published for registration.

Why Are More Trademarks Being Opposed in 2026?

Recent litigation developments suggest that trademark applications today are often challenged not because they are identical to existing brands, but because they create a similar overall commercial impression.

In a 2023 decision, the Hangzhou Internet Court confirmed that trademark similarity should not be assessed solely based on individual elements.

Authorities may instead look at:

the overall visual effect of the mark
whether it reflects distinctive features of an earlier trademark
and whether consumers may assume a connection between the two

As a result, even trademarks that:

use different wording
slightly modify graphical layouts
or are independently created using AI tools

may still face opposition if they appear commercially related to an existing brand from a consumer’s perspective.

Opposition Is Now Happening Earlier Than Expected

In many cases today, trademark opposition happens before:

a product is launched
marketing campaigns begin
or partnerships are finalised

Brand owners now actively monitor newly published trademark applications through systems that scan official databases such as:

CNIPA
USPTO
EUIPO
and Madrid Protocol filings

to identify potentially conflicting trademarks during the statutory opposition period.

If an opposition is filed and upheld, your application may be:

refused
delayed
or later invalidated under Article 44 of the Trademark Law

Even Virtual or Digital-Only Trademarks Can Be Opposed

Trademarks intended for use in:

virtual retail environments
NFT platforms
or metaverse-based services

may also be challenged.

Under Article 48 of the Trademark Law, trademark use includes any commercial activity capable of identifying the source of goods or services — whether physical or digital.

This means existing trademark owners may oppose applications that could create confusion in digital marketplaces, even where no physical goods are involved.

When Legal Support Becomes Necessary

A trade mark opposition proceeding can directly affect whether your trademark is ultimately registered.

Legal support may be necessary if:

your trademark is currently in the publication stage
an opposition has already been filed
or your business needs to respond to a similarity claim

Intellectual property counsel can assist in reviewing risks, preparing responses, or initiating opposition proceedings against conflicting third-party filings where appropriate.

For businesses currently facing a trade mark opposition proceeding, legal guidance is available through the intellectual property services team at amr.co.id to assess available options based on your specific situation.