GETTING A SQUATTED
MARK BACK
KEY FACTS
IF STILL PENDING
Check the current publication period, standing and grounds for opposition.
IF REGISTERED
Invalidation: within 5 years for relative grounds; no time limit for bad-faith attacks on well-known marks.
IF DORMANT
Assess eligibility, actual use and justification before considering non-use cancellation.
EVIDENCE TO ASSESS
Prior use with influence in China, copyright in the logo, and the squatter's mass-filing pattern.
NEED A FIRST READ?
Send us the mark, the market, and any deadline. We will route it to the right practice lead within one business day.
Contact UsContent updated: . Current-law references reflect the rules in force at this update. Check the 2027 law and transition arrangements for later matters.
KNOW YOUR SQUATTER
Start with the applicant's identity, relationships, filing dates and actual use. An agent, distributor or business contact may engage different legal grounds from an unrelated applicant holding a portfolio of copied marks. A similar name alone does not prove bad faith. Investigate the facts before choosing a challenge, negotiation or a revised brand strategy.
ROUTE ONE: OPPOSITION (IF YOU CAUGHT IT EARLY)
Under the law currently in force, a national application may be opposed during its three-month preliminary-publication period by a party entitled to invoke the relevant grounds. Opposition preserves a pre-registration route, but its duration and cost depend on the case. The revised law effective 1 January 2027 changes this period to two months; confirm the rules and transition arrangements applying to the publication concerned.
ROUTE TWO: INVALIDATION (IF IT REGISTERED)
Against a registered mark, invalidation before CNIPA is the main weapon. Relative grounds β your prior mark, your prior use with a certain influence, the agent/representative bar, your copyright in the logo β must generally be raised within five years of registration. Bad faith changes the arithmetic: for well-known marks registered in bad faith there is no five-year limit, and the 2019 amendment's rule against applications filed without intent to use gives an additional hook against mass squatters.
Match evidence to the legal ground: dated use or influence in China, ownership of logo artwork, and the other applicant's filing pattern may be relevant. A portfolio of apparently copied marks provides leads but must be assessed alongside the signs, chronology and other facts.
ROUTE THREE: NON-USE CANCELLATION (THE QUIET WORKHORSE)
Where the mark is eligible and there are grounds to suspect three consecutive years of non-use without justification, anyone may request cancellation. The registrant may submit use evidence or justify non-use, so an apparently quiet public profile does not establish the result. Investigate the relevant goods and period, and coordinate any fresh filing with final decisions and remaining rights. China designations under Madrid have specific rules for calculating eligibility.
ROUTE FOUR: BUYING IT BACK
A negotiated assignment may be worth considering where the registration is recent, genuinely used, or the available legal grounds are uncertain. Compare the price with the costs and prospects of other lawful options. Parallel proceedings need their own proper factual and legal basis.
Check title, related marks, encumbrances and CNIPA's assignment requirements. Use a written agreement defining payment, filing obligations and what happens if approval is refused. Acquiring one registration may leave other relevant rights unresolved.
AND PREVENT THE SEQUEL
Every recovery should end with a prevention file: your own applications covering the recovered mark's subclasses and Chinese-character versions, a watch service, and recordals with customs and the major platforms. Squatters re-file; the second time should hit a wall.
OFFICIAL REFERENCES
This article is general information about Chinese IP practice, not legal advice for a specific matter. Rules, fees, and timelines change; confirm current requirements before acting. For advice on your situation, contact our team.