China trademark refusal: what to do next

What to check when the notice arrives

1. Record the receipt date. Save the official notice and the date it was received by the applicant or appointed agent.
2. Identify the decision and affected scope. Note the application number, mark, classes and the specific goods or services affected.
3. Separate each refusal ground. The notice may cite an earlier mark, distinctiveness, prohibited wording or another legal basis. Each ground needs its own response plan.
4. Get a complete translation. Do not rely on an informal summary if the arguments and cited marks are in Chinese.
5. Seek advice before the deadline gets close. A review may require a written legal and factual case, not just a request to reconsider.

Why China applications may be refused

Earlier similar mark

The examiner may identify an earlier registered or pending mark for identical or similar goods. Compare the marks visually, phonetically and conceptually, and examine the actual goods and class scope. A search should include the cited mark's current status and relevant history.

Distinctiveness or descriptive meaning

A mark that describes the goods, their features or their common name can be difficult to register without sufficient distinctiveness. The question is how the relevant public would understand the mark in relation to the specific goods, not whether the word is unusual in isolation.

Other legal grounds

The notice may raise other statutory issues. These grounds have different facts and evidence requirements; a response should address the cited provision rather than use a generic “we have used this brand” argument.

Possible routes after refusal

A review of refusal asks the trademark authority to reconsider the decision. Depending on the grounds and the application, counsel may assess the mark's registrability, cited marks, marketplace evidence, acquired distinctiveness where legally relevant, and whether a narrower filing plan makes business sense.

Other options may include revising the mark for a new application, changing the goods wording where procedure permits, negotiating with a prior-rights holder or challenging a blocking mark through the appropriate separate action. These routes are not interchangeable and may have separate deadlines, fees and risks.

Build a useful evidence file

Collect the refusal notice, filing receipt, exact mark artwork, goods list, applicant details and any cited-registration data. If the case may rely on use, organize dated examples by product, territory and channel: invoices, packaging, advertising, product listings and distribution records. Evidence has to support the particular legal point; volume alone does not make it persuasive.

How to decide whether a review is worth it

• Strength: Is there a focused legal or factual answer to each ground?
• Business value: Is this the core brand, or can the business adopt a safer alternative?
• Evidence: Can the applicant obtain the documents needed before filing?
• Scope: Does the refusal cover all goods or only part of the application?
• Cost and timing: Does the expected commercial value justify the fee and continuing uncertainty?

A review is a reasoned challenge, not a guaranteed second chance. Our published review service starts at $499; the written quote depends on the notice, grounds and evidence. See the service scope and fees.

Official rule and source

Article 37 of the 2026 Trademark Law published by CNIPA provides a 15-day period after receipt to request review of a refusal. The law is scheduled to take effect on 1 January 2027. For a notice already received, have a qualified adviser confirm the governing procedure and calculate the deadline from the official record.