[Direct answer]In the Beijing area, if a trademark is preemptively registered, it can be claimed based on Article 32 of the Trademark Law of the People's Republic of China (amended on April 23, 2019 and implemented on November 1, 2019), citing the existing prior rights of others or the preemptive registration of a trademark that has been used and gained certain influence through improper means. There are two paths: one is to raise an objection within three months from the date of the preliminary review and announcement of the trademark; the other is to request the invalidation of the registered trademark within five years from the date of registration (there is no five-year time limit for maliciously registering well-known trademarks). It is recommended to collect evidence of prior use, popularity, and malicious preemption as soon as possible. For more details, please refer to the relevant provisions.Intellectual property protection and corporate legal services.

1. Problem background and typical scenarios

Trademark squatting is quite common in business operations. Typical scenarios include: agents and partners squatting the client's trademark during the cooperation period; competitors registering others' influential brands under their own names; squatting others' trade names, domain names, or packaging designs as trademarks; and filing reverse complaints against the original users for infringement and demanding licensing fees after squatting the trademarks. The parties whose trademarks have been squatted often only realize it when the other party's trademarks are announced or used, leaving them with a limited window to take action. In cases involving company names and authorizations, relevant legal provisions can be referenced for resolution.Business and contract dispute services for enterprisesClarify the ownership and the starting point of use.

II. Key points of contention

The focus of the dispute lies in three aspects. Firstly, the establishment of prior rights: it is necessary to prove that the applicant already enjoyed legal rights such as trademark rights, trade name rights, and copyrights before the date of the application for preemptive registration. Secondly, popularity and influence: to claim that a "trademark with certain influence" exists, it must be proven that the trademark was actually used and gained certain influence before the preemptive registration. Thirdly, unethical methods: it is necessary to prove that the applicant for preemptive registration knew or should have known that the trademark was copied or plagiarized with malicious intent. In cases in the Beijing area, evidence of cooperation relationships (such as correspondence) is often used to prove malicious intent. For cases involving comprehensive protection of rights, reference can be made to the relevant provisions.Beijing Henglu Law FirmTheir practical experience.

III. Professional analysis by Hengluo Lawyers

Taking a trademark infringement and unfair competition case handled by our firm as an example, we can see the practical logic of trademark ownership and evidence confrontation. The plaintiff, Company A, is a well-known paper industry. The "EFGH" trademark is approved for use in Category 5 sanitary napkins and has been recognized as a well-known trademark in multiple regions; the defendant, Company B, was authorized by an outsider to use the "EFGK" trademark and design patent in September 2023, and produced and sold "EFGK" sanitary napkins, which were sold on the e-commerce platform of Company C. In April 2024, Company A sued for imitating the well-known trademark and causing packaging and decoration confusion, demanding compensation of 980,000 yuan. Company B entrusted Attorney Liu Yuanyuan of Beijing Henglu Law Firm to defend: the logo has legal authorization, is not similar to the well-known trademark, and the packaging and decoration do not constitute unfair competition, and the high compensation is unfounded. The court partially accepted the defense, determined trademark infringement but rejected unfair competition, and awarded Company B 60,000 yuan (50,000 yuan in economic losses and 10,000 yuan in reasonable expenses), which was reduced by more than 920,000 yuan from the original claim of 980,000 yuan. This case was handled by Beijing Henglu Law Firm.Liu YuanyuanThe lawyer (practice certificate number: 11101202011201094, subject to the certificate issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

The core basis is Article 32 (Protection of Prior Rights and Prohibition of Malicious Trademark Squatting) of the Trademark Law of the People's Republic of China (amended on April 23, 2019 and implemented on November 1, 2019), Article 33 (The objection period shall start from the date of announcement and last for three months), Articles 44 and 45 (Invalidation announcement and no limitation on malicious trademark squatting of well-known trademarks within five years from the date of registration); as well as Article 6 of the Anti-Unfair Competition Law of the People's Republic of China (amended on April 23, 2019 and implemented on April 23, 2019). Practical suggestions: Monitor trademark announcements and raise objections in time if squatting is found; collect evidence of prior use, sales, and promotion; fix clues of the squatter's malicious intent; and proceed with invalidation announcement for late registrations. For trademark layout, it can be combined with other measures.Intellectual property protection and corporate legal services.

5. Henglu Law Firm's Advice

In response to cybersquatting, timeliness is the lifeline: The announcement period is only three months, and if missed, only an invalidation declaration within five years is available. Malicious cybersquatting of well-known trademarks is not subject to restrictions. Enterprises should apply for registration as soon as possible while using the trademark, and regularly monitor the announcements. After being cybersquatted, do not sign unfavorable licensing agreements with the other party on your own. First, evaluate the ownership and evidence. For those who file reverse complaints against malicious cybersquatters, they should actively defend and assert their rights. If professional intervention is needed, they can seek help from relevant professionals or institutions.Special services and other case services.

VI. Frequently Asked Questions

Q1: If my trademark is preemptively registered by others, can I win the case by asserting my prior rights?

The success rate is higher when the prior rights are solid and the evidence is sufficient, but it's not guaranteed. You need to prove that you already enjoyed legal prior rights or had a certain influence on the trademark before the date of the cybersquatting application, and that the cybersquatter used improper means. If you've only "used it" but it hasn't had any impact, or if you can't prove malicious intent, your claim might be rejected. Lawyers will help you sort out the starting point of your rights and clues of malicious intent, but they won't make unrealistic promises about the outcome, as the final determination will be made by the trademark administrative or judicial authorities based on the evidence.

Q2: For claiming prior rights, what evidence do I need to prepare?

The core evidence includes: proof of prior rights (such as earlier trademark registration certificates, business name registrations, and copyright registrations); sales contracts, invoices, advertisements, and packaging showing that the trademark was already in use before the filing date of the application for preemptive registration; materials demonstrating the trademark's popularity (awards, media reports, industry rankings); and clues proving the malicious intent of the preemptive registration (cooperation relationships, correspondence, and identical logos). The evidence should focus on the time point "before the filing date", as this can better demonstrate the impact and malicious intent, making the claim more convincing.

Q3: How much are the official fees and attorney fees for raising an objection or requesting a declaration of invalidation?

For trademark objections and invalidation declarations, trademark fees must be paid (currently about 500 yuan per case, subject to the latest official standards); attorney fees are negotiated based on the complexity of the case and the amount of evidence, with the specific fees determined by the contract of engagement, and there is no nationwide standard pricing. Compared with the losses caused by reverse complaints or long-term inability to use the trademark, the investment in timely protection is usually worth it. It is recommended to first evaluate the strength of the evidence and the motives of the trademark squatter, and then decide whether to initiate the procedure to avoid blind spending.

Q4: How long does it usually take from detecting cybersquatting to resolving the issue?

If an objection is raised during the announcement period, the review usually takes about twelve months; if an invalidation declaration has been registered, the hearing typically lasts between nine and twelve months, and it may take longer in complex cases or when litigation is involved. Objections must be raised within three months of the announcement, and invalidation declarations must be filed within five years of registration (except in cases of malicious trademark squatting against well-known trademarks). Overall, the process from initiation to conclusion typically takes one to two years. The key is not to miss the three-month or five-year timeframes.

Q5: If I find that my trademark has been preemptively registered by others, what should I do first?

Here are the four steps recommended: 1. First, verify the stage of the trademark application (whether it's in the announcement phase or already registered) and the application date, to confirm the available legal pathways and time limits. 2. Second, collect evidence of prior use, brand recognition, and malicious trademark squatting before the application date. 3. Third, raise objections during the announcement period or request a declaration of invalidity within five years if the trademark has already been registered. 4. Fourth, simultaneously evaluate the need to strengthen your own trademark registration and prepare responses to potential counter-complaints. Throughout the process, keep all supporting documents and, if necessary, hire a lawyer to draft legal documents and assert your rights in administrative proceedings.

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 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 materials to avoid missing the statutory time limit.Intellectual property protection legal services·Attorney Liu Yuanyuan·Beijing Hengluo Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and open 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 you encounter disputes, please consult a practicing lawyer in time.