What to Do If Your Trademark Application Is Refused in China

Under China’s Trademark Law and Implementing Regulations, a refused trademark application is not the end of the road—foreign entities can file a Refusal Review with the China National Intellectual Property Administration (CNIPA) within 15 days of receiving the refusal notice. This critical procedure allows you to challenge the refusal grounds and present additional evidence to overcome objections.

Key Strategies for Common Refusal Grounds

1. Lack of Distinctiveness (Absolute Grounds)

If refused under Article 11 (e.g., descriptive/generic terms), submit evidence of acquired distinctiveness through actual use:

• Sales figures, marketing materials, and advertising expenditures

• Consumer surveys showing recognition as a source identifier

• Media coverage and industry awards demonstrating market reputation

2. Conflict with Prior Rights (Relative Grounds)

When refused due to similarity with existing trademarks, combine Refusal Review with targeted actions:

• Three-Year Non-Use Cancellation: File against unused prior marks registered for over 3 years

• Invalidation: Challenge prior marks obtained fraudulently or violating legal provisions

• Acquisition: Negotiate purchase with prior right holders

• Coexistence Agreement: Secure written consent from the prior registrant

Process & Timeline

The CNIPA decides on the review within 9 months (extendable by 3 months). A favorable decision advances your application to the 3-month opposition period; an unfavorable ruling can be appealed to the Beijing Intellectual Property Court.

By addressing specific refusal grounds with tailored evidence and strategic actions, foreign businesses can significantly improve their chances of successful registration in China’s market.