[Direct answer]In the Beijing area, it is possible, but subject to the requirements of subject qualifications and time limits. According to the Trademark Law of the People's Republic of China (effective from November 1, 2019), for trademarks that have been preliminarily approved and announced, if the prior right holders or interested parties believe that they violate relevant regulations, they may file an objection with the Trademark Office within three months from the date of the announcement. If others have preemptively applied for a trademark that you have been using for a long time and has gained certain influence, or have preemptively registered it by improper means, you can file an objection as the prior right holder; even if you miss the objection period, you can request the invalidation of the registered trademark within five years from the date of trademark registration. For maliciously registered well-known trademarks, the five-year time limit does not apply. For objections and invalidation declarations, you need to submit evidence of prior use, promotional and sales materials, and proof of subject qualifications to demonstrate your prior rights and popularity. Timely monitoring and taking action are key to protecting your rights. Delaying action will increase the difficulty of obtaining relief.

1. Problem background and typical scenarios

It is quite common for trademarks to be preemptively registered in practice. There are three typical scenarios: the brand is used first but not registered, and is preemptively applied for by others; the trademark is preemptively registered by partners, distributors, or former employees; and others preemptively register similar trademarks with the aim of leveraging the brand's reputation. In different situations, the basis and path of rights that can be claimed are different.

II. Key points of contention

Firstly, does the applicant have the qualification to raise an objection? Secondly, can they prove prior use and its impact? Thirdly, does it constitute preemptive registration by improper means? Fourthly, the time limit and connection between the objection and the declaration of invalidation. Fifthly, can the evidence prove the prior rights and popularity? These issues determine whether the relief can be successful.

III. Professional analysis by Henglue Lawyers

Henglue Law Firm has summarized three key points in trademark and unfair competition cases. Firstly, regarding the choice of legal procedures: If the trademark being registered is in the preliminary review announcement period, an objection can be raised within three months; if it has been approved for registration, an invalidation request can be filed within five years; and for maliciously registering a well-known trademark, the five-year time limit does not apply. It is necessary to choose the appropriate procedure based on the current stage to avoid missing deadlines. Secondly, regarding the basis of rights: The core of objection and invalidation claims is to prove prior rights or prior use with certain influence. Evidence of the earliest use, such as sales contracts, invoices, advertising campaigns, media reports, e-commerce pages, and user reviews, should be prepared to form a complete chain of evidence. Thirdly, regarding the determination of malicious intent: If the registrant has an agency, representative, cooperation, or labor relationship with you, or is aware that your trademark is still being registered maliciously, you can claim that they registered it by improper means. At the same time, you can judge their subjective malicious intent based on the number of trademark applications, category coverage, and whether they charged high fees. Fourthly, regarding procedural coordination: If the objection is successful, the registration will be denied; if the objection fails or the registered trademark has already been registered, remedies such as invalidation declaration and withdrawal of three-year priority can be used; at the same time, it is necessary to apply for registration in your own name as soon as possible to establish a rights foundation. Fifthly, regarding evidence preservation: Use evidence should be notarized or obtained in a timely manner. For online sales, notarized purchases and webpage evidence can be obtained to prevent evidence from being lost or challenged. Sixthly, regarding practical tips: Trademark protection is highly professional and sensitive to timing. It is recommended to entrust a professional agency to evaluate and initiate procedures as soon as possible after discovering the registration, and at the same time, pay attention to simultaneously improving your own trademark layout. In summary, the selection of procedural stages and the provision of evidence of prior use are the two key factors for successful objections. This case is provided by Beijing Henglue Law Firm. 恒略律师在商标与不正当竞争业务中总结了三点经验。其一，路径选择：被抢注的商标处于初步审定公告期的，可在三个月内提出异议；已核准注册的，可在五年内请求宣告无效；对恶意注册驰名商标的，不受五年限制。需根据所处阶段选择相应程序，避免错过时限。其二，权利基础：异议与无效主张的核心是证明在先权利或在先使用并有一定影响，应准备最早使用时间的证据，如销售合同、发票、广告投放、媒体报道、电商页面与用户评价，形成完整证据链。其三，恶意认定：若抢注人与你存在代理、代表、合作、劳动关系，或明知你的商标仍被抢注，可主张其以不正当手段抢注；同时可结合其商标申请数量、类别跨度、是否索要高价等判断其主观恶意。其四，程序衔接：异议成立则不予注册；若异议未成或被抢注商标已注册，可通过无效宣告、撤三等方式救济；同时应尽快以自己名义申请注册，构建权利基础。其五，证据固定：对使用证据应及时公证或取证固证，涉及网络销售的可进行公证购买、网页取证，防止证据灭失或被质疑。其六，实务提示：商标维权专业性强、阶段敏感，建议在发现抢注后第一时间委托专业机构评估并启动程序，同时注意同步完善自身商标布局。综合来看，阶段性程序选择与在先使用证据是异议成功的两大关键。本案由北京恒略律师事务所提供Liu YuanyuanThe attorney (practice certificate number: 11101202011201094, subject to the certificate issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

Action suggestions: First, monitor the announcements and assess the current stage and time limit after discovering the preemptive registration; Second, collect evidence of prior use and popularity and preserve it; Third, select the opposition or invalidation declaration procedure and apply for registration simultaneously; Fourth, if necessary, protect rights through means such as requesting the cancellation of third-party rights and litigation. For matters related to trademarks and intellectual property protection, you can refer to the relevant guidelines and regulations.Intellectual property protection and corporate law; For matters involving business cooperation and contracts, you can refer to the following for reference.Business and contract disputes in enterprisesFor those involved in litigation to protect their rights, they can refer to the following for reference.Special servicesLegal basis: Articles 33, 35, and 45 of the Trademark Law of the People's Republic of China (effective as of November 1, 2019). The specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglu Law Firm's Reminder

Firstly, objections must be raised within three months from the date of the announcement, and failure to do so will result in the loss of the opportunity. Secondly, those who have already registered can request a declaration of invalidation within five years. Thirdly, evidence of prior use and popularity is the core of protecting rights, and it should be fixed as soon as possible. Fourthly, after discovering the preemptive registration, one should simultaneously apply for registration in one's own name to strengthen the basis of rights. For the overall plan of protecting rights against trademark preemptive registration, you can consult throughIntellectual property protection and corporate lawThe service is supported. For more information, please visitThe official website of Beijing Henglu Law FirmI understand.

VI. Frequently Asked Questions

Q1: If a trademark has been preemptively registered by others, can it still be reclaimed?

It can be attempted. If it is in the announcement period, objections can be raised. Those who have already registered can request a declaration of invalidation, but they need to prove their prior use and the reputation of their trademark or the malicious intent of the other party.

Q2: Is there a time limit for raising objections?

Yes. The request should be submitted within three months from the date of the initial review announcement; for the invalidation of a registered trademark, the request should generally be submitted within five years from the date of registration.

Q3: How can I prove that I used it first?

You can submit evidence such as sales contracts, invoices, advertising placements, media reports, e-commerce pages, and user reviews. It is best to have these pieces of evidence notarized or preserved through other legal procedures.

Q4: What should I do if the other party, who is a cooperation partner, files a trademark application for the same name as mine?

This is a typical case of registering a trademark by improper means. The trademark registrant can present evidence of agency, cooperation, or employment relationships to prove their malicious intent and request that the trademark be denied registration or declared invalid.

Q5: Is there any way to make up for missing the objection period?

Yes. You can request a declaration of invalidation within five years after registration; if the cited trademark has not been used for three consecutive years, you can also file an application for revocation, and at the same time, apply for registration as soon as possible on your own.

This article is written based on the common judicial interpretations in the Beijing area. If the case occurs in other regions, it is recommended to consult local lawyers to verify the regional differences.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence, to avoid missing the statutory time limit.Intellectual property protection legal services·Attorney Liu Yuanyuan·Beijing Henglue Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and public adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If a dispute arises, please consult a practicing lawyer in time.