What Does CNIPA Examine in Trademark Review & What Are the Outcomes?
For foreign entities entering China’s market, understanding the review process conducted by the China National Intellectual Property Administration (CNIPA) is critical for successful trademark registration.
Core Examination Content
l Formal examination
During formal examination, CNIPA verifies document completeness, trademark specimen standards and permissible goods/services based on China criteria, and other formality issues.
Flawed applications receive an official correction notice for amendments. Successful amendments push the application into substantive review. No response or inadequate amendments will cause the application to be automatically withdrawn.
l Substantive examination
Absolute Grounds: Checks for prohibited signs—state symbols, misleading/immoral content, generic/descriptive terms, or marks lacking distinctiveness, etc..
Relative Grounds: Compares against prior rights—identical/similar marks on identical/similar goods/services.
Possible Outcomes
• Preliminary Approval & Publication: Marks meeting all criteria enter a 3-month opposition period.
• Refusal: Non-compliant marks receive a written refusal notice citing legal grounds; applicants may file a review of refusal within 15 days.
• Partial Refusal: Approval for some goods/services, rejection for others. Applicants may still file a review of refusal on the rejected goods/services within 15 days.
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