Key Takeaway
Someone registered your brand name in China before you did — now what? Under China's first-to-file system, the first registrant owns the right. But you still have options: opposition during the 3-month publication window, invalidation after registration, negotiation to buy the mark, or rebranding. The key is acting fast — every day of delay weakens your position.
The Moment You Discover the Problem
It's a sinking feeling. You search the CNIPA database and find that your brand name — the one you've been building for years — is already registered in China by someone else. Maybe it's a squatter who plans to sell it back to you. Maybe it's a competitor who wants to block your market entry. Maybe it's a legitimate business that happened to register first.
Regardless of who registered it, the situation is urgent. In China's first-to-file system, registration = ownership. Unlike the US or UK, prior use doesn't give you automatic rights. But "urgent" doesn't mean "hopeless." Here are your options, ranked from most to least favorable.
Option 1: Oppose During the Publication Window
When This Works
If the squatter's application has been published for opposition but hasn't yet been registered, you have a 3-month window to file an opposition with CNIPA. This is the fastest and cheapest resolution path.
Grounds for Opposition
- Prior rights: You own a copyright, trade name, or design that conflicts with the mark
- Bad faith: The applicant knew about your brand and filed to profit from your reputation
- Well-known mark: Your brand is well-known internationally and the registration would cause confusion
How to File
Submit an opposition to CNIPA with:
- Evidence of your prior use and brand reputation
- Documentation showing the applicant's bad faith
- Proof of your brand's international recognition
RTMCN can file oppositions within the 3-month publication window. Timing is critical — once the window closes, opposition is no longer possible.
Option 2: Invalidation After Registration
When This Works
If the mark has already been registered (past the 3-month opposition period), you can file an invalidation request with CNIPA's Trademark Review Board within 5 years of registration.
The 5-Year Rule
Chinese law sets a 5-year statute of limitations for invalidation. After 5 years, the registration becomes essentially permanent — unless you can prove the registration was made in bad faith against a well-known mark.
Bad Faith Exception
For well-known trademarks, there is no time limit. If you can prove your mark was well-known in China before the squatter's filing, and that the filing was in bad faith, you can challenge at any time. Disney and Starbucks used this approach successfully.
Option 3: Negotiate and Purchase
When This Works
Sometimes negotiation is the fastest path. This is especially true when:
- The 3-month opposition window has closed
- You can't prove bad faith convincingly
- The squatter is willing to sell at a reasonable price
- You need the mark urgently for business operations
The Cost of Buying Back
Expect to pay significantly more than filing would have cost. Prices range from a few thousand dollars for minor marks to millions for high-value names. Tesla paid an undisclosed amount for a private acquisition before entering China.
Negotiation Tips
- Don't reveal urgency. Squatters charge more when they know you need the mark desperately
- Verify ownership. Confirm the squatter actually owns the registration
- Use a local agent. Cultural and language barriers make direct negotiation difficult
- Document everything. Ensure the transfer agreement is properly filed with CNIPA
Option 4: Rebrand in China
When This Is Necessary
If all other options fail, you may need to use a different name in the Chinese market. This is the least desirable outcome but sometimes the most practical.
The Rebranding Challenge
- Loss of brand recognition you've built globally
- Consumer confusion between your Chinese and international names
- Marketing costs to establish the new Chinese identity
- Risk that the new name may also be squatted
This is why choosing and registering your Chinese name early is so critical. Rebranding should be a last resort, not a strategy.
How to Prevent This From Happening
1. Search Before You Need It
Run a trademark search in China now, even if China isn't on your immediate roadmap. If your brand name is available, register it. A few hundred dollars today prevents tens of thousands in recovery costs later.
2. File Across All Relevant Classes
Don't just file in your core class. Squatters target adjacent classes where they can exploit your brand name. File defensively across all classes relevant to your business and potential expansion.
3. Register Your Chinese Name
If your brand has a Chinese name — official or unofficial — register it separately. The Nike and New Balance cases show how devastating it can be to lose control of your Chinese identity.
4. Monitor Continuously
Set up monitoring on the CNIPA database. The 3-month opposition window is your cheapest and most effective defense, but you need to catch filings in time. See our monitoring guide for details.
5. Act Immediately
The longer you wait, the harder recovery becomes. After 5 years, invalidation is nearly impossible. After 10 years, the mark can be renewed indefinitely. Speed is your greatest asset.
How RTMCN Can Help
Whether you've just discovered a squatter or want to prevent the situation entirely, RTMCN provides comprehensive support:
- Trademark search: We check the CNIPA database for conflicts before they become problems
- Opposition filing: We file oppositions within the 3-month window to stop squatters
- Invalidation requests: We prepare and submit invalidation claims with supporting evidence
- Negotiation support: We help you acquire marks from squatters at fair prices
- Preventive registration: We file across all relevant classes to protect your brand
- Ongoing monitoring: We watch for new conflicting filings and act immediately
Next Steps
If someone has registered your trademark in China, every day matters. The sooner you act, the more options you have.
Urgent actions:
- Contact RTMCN immediately — We'll assess your situation and recommend the best recovery strategy
- Check the registration status — We'll determine if the 3-month opposition window is still open
- Read our prevention guide — If you haven't been squatted yet, learn how to prevent it
*Don't panic — but don't wait. Contact RTMCN now to explore your recovery options.*