China Trademark Examination and Refusals: How to Respond to CNIPA Objections

After filing a trademark application with the China National Intellectual Property Administration (CNIPA), your trademark undergoes a substantive examination. CNIPA has shortened this stage a great deal in recent years, and most applications are examined within a matter of months. If CNIPA decides the trademark does not meet the registration requirements, it issues a refusal notification.

Understanding the grounds for refusal and the review process is what protects your filing investment. This guide covers the refusal grounds by Article, the strict 15-day review deadline, the evidence that persuades CNIPA, and the appeal route to the Beijing IP Court. For the wider picture on filing in China, see our China country guide.

Pro tip: Before filing, reduce the chance of a refusal with a free trademark check to identify potential obstacles early.

The CNIPA Examination Process

Formal Examination (About One Month)

Within approximately one month of filing, CNIPA conducts a formal examination to verify:

• Application completeness and proper format
• Correct classification and sub-class selection
• Payment of the government fee (about ¥270 per class for an online filing covering up to 10 items)
• A proper power of attorney (for owners based outside China)

If formal deficiencies are found, CNIPA issues a correction notice with a deadline to remedy them.

Substantive Examination (Several Months)

The substantive examination evaluates the trademark against both absolute grounds (inherent registrability) and relative grounds (conflicts with prior rights). Check CNIPA's current published timeframe when you plan a launch; it has been getting shorter.

Why Foreign Owners See More Refusals

China applies a first-to-file principle: the earliest filer generally wins rights, even without prior use. That makes pre-filing clearance essential and late filing expensive. Add a crowded register, with millions of applications each year, and foreign brands entering after distributors or imitators have filed lookalike trademarks face more citations than they would at home.

Three patterns drive most foreign refusals:

• Dense register: near-identical trademarks in the same sub-class trigger Article 30 citations.
• Descriptive naming in English and transliterations: words that describe function, quality, or features are pushed back.
• No Chinese-character brand: exporters who skip a Chinese-language trademark often find one already filed by someone else when they come to translate or transliterate.

Absolute Grounds for Refusal

CNIPA may refuse registration on the following absolute grounds under the Trademark Law:

Article 10: Prohibited Trademarks

These cannot be registered or used as trademarks:

• National flags, emblems, or anthem of China or foreign countries
• Names of international organizations (Red Cross, Olympics, etc.)
• Geographic terms for goods indicating origin (unless acquired distinctiveness)
• Trademarks that are discriminatory against any nationality
• Trademarks that are deceptive regarding quality, origin, or characteristics
• Trademarks detrimental to socialist morality or the public interest

Article 11: Non-Distinctive Trademarks

These lack distinctiveness and cannot function as trademarks:

• Generic terms: common names for the goods or services
• Descriptive trademarks: directly describing quality, ingredients, function, use, weight, or quantity
• Other non-distinctive trademarks: simple geometric shapes, single letters or numbers, common patterns

Note: Descriptive trademarks may be registered if they have acquired distinctiveness through use (Article 11, paragraph 2).

Article 12: 3D Mark Restrictions

Three-dimensional marks that consist exclusively of:

• The shape of the goods themselves
• The shape necessary to achieve a technical result
• The shape giving substantial value to the goods

Relative Grounds for Refusal

Relative grounds involve conflicts with prior rights, primarily earlier trademark registrations or applications:

Article 30: Conflict With Prior Trademarks

The most common ground for refusal. CNIPA will refuse registration if the trademark is identical or similar to a prior registered or pending trademark for identical or similar goods or services.

Similarity is assessed within the sub-class system, considering:

• Visual similarity: overall appearance comparison
• Phonetic similarity: pronunciation in Mandarin, including how a foreign word maps into Chinese characters
• Conceptual similarity: meaning and associations

Article 13: Well-Known Mark Protection

Well-known marks receive cross-class protection. They can block registrations even in different classes if the later trademark would:

• Mislead the public
• Damage the interests of the owner of the well-known mark

Article 15: Agent or Representative Bad Faith

Refusal where an agent or representative of the trademark owner attempts to register the trademark in their own name without authorization.

Article 32: Prior Rights and Bad Faith

Refusal where the filer:

• Infringes prior rights of others (copyright, design patent, trade name, etc.)
• Registers in bad faith a trademark that another party has already used and that has gained certain influence

Receiving a Refusal Notification

When CNIPA refuses an application, it issues a Notification of Refusal containing:

• The specific legal grounds for refusal
• Cited prior trademarks (for relative grounds refusals)
• The examiner's reasoning
• The deadline for filing a review request

Partial Refusal

CNIPA may issue a partial refusal, approving the trademark for some goods or services while refusing it for others. In this case:

• The approved portion proceeds to publication
• You can request review of only the refused portion

International Registrations That Cover China

If your international registration under WIPO's Madrid System (the Madrid Protocol) covers China, the refusal arrives as a WIPO notification of provisional refusal. The notification states the response period and confirms that you must respond through a representative in China; our in-house attorneys for China file that response. The substance of the response is the same as for a national filing, and the deadline is just as strict.

The Review Process at CNIPA

If you disagree with the refusal, you can request a review. Reviews of refusal used to be handled by a separate body, the Trademark Review and Adjudication Board (TRAB). TRAB was merged into CNIPA in 2019, so the review is now handled inside CNIPA by its review division.

Filing the Review Request

The 15-day deadline runs from receipt and cannot be extended. Read the notice the day it arrives, confirm the deadline on its face, and instruct your attorney at once. A missed deadline means the refusal stands and you start again with a new application.

Building Your Review Arguments

Effective review strategies include:

For Absolute Grounds Refusals:

• Acquired distinctiveness: evidence of extensive use and consumer recognition in China
• Distinctiveness arguments: explaining how the trademark functions as a source identifier
• Precedent: similar trademarks approved by CNIPA in the same or related classes

For Relative Grounds Refusals:

• Trademark differentiation: arguing sufficient visual, phonetic, or conceptual differences
• Goods and services differentiation: arguing the goods or services are in different sub-classes or channels of trade
• Prior trademark vulnerability: if the cited trademark is subject to non-use cancellation (3 or more years of non-use)
• Coexistence evidence: evidence of peaceful coexistence in other countries
• Consent agreements: written consent from the owner of the cited trademark (acceptance is at CNIPA's discretion, but a well-drafted consent that addresses market realities helps)

Evidence That Moves the Needle

Arguments land better with on-point, verifiable evidence tied to China. Assemble:

• Market use in China: dates of first import, e-commerce listings with timestamps, screenshots of Chinese platforms, localized packaging.
• Sales invoices to Chinese customers and distribution agreements.
• Chinese advertising and marketing materials, and exhibition participation in China.
• Media and publicity: Chinese-language articles, influencer posts, and trade show materials.
• Channel and consumer segmentation: evidence of distinct trade channels or end-user groups if that reduces the likelihood of confusion.
• Expert or industry materials: dictionaries, standards, and market reports that clarify descriptive versus distinctive elements.
• Transliteration control: evidence that your chosen Chinese-character version is perceived differently from a cited trademark.

Responses must be filed in Chinese. Evidence in other languages needs a translation or a compliant summary, which our experienced attorneys prepare.

If your trademark is descriptive in English, consider adopting or emphasizing a distinctive Chinese-character trademark as a parallel filing to secure protectable rights while you build acquired distinctiveness for the English word mark.

Review Decision

CNIPA will either:

• Approve the trademark: it proceeds to publication and the 3-month opposition period
• Uphold the refusal: the trademark is refused

Appeal to Beijing IP Court

If CNIPA upholds the refusal on review, you can appeal to the Beijing Intellectual Property Court within 30 days of receiving the review decision.

Court Appeal Process

Court appeals involve additional costs and complexity but can be worthwhile for high-value trademarks where the review was unsuccessful.

Strategic Considerations

Concurrent Non-Use Cancellation

If the blocking trademark has been registered for 3 or more years without use, you can file a non-use cancellation action at the same time as your review request. If the cancellation succeeds, the obstacle to your registration is removed.

Amend Strategically

Tighten goods and services to remove overlap with cited trademarks and adopt CNIPA-preferred terms. Avoid over-narrowing to the point that the brand loses commercial scope; parallel filings for house marks and sub-brands can keep coverage strong.

Refiling Strategy

In some cases, it may be more efficient to:

• Modify the trademark to create sufficient distinction from cited trademarks
• Narrow the goods and services to avoid the specific sub-classes where conflicts exist
• File a new application with a modified trademark while the review is pending

Evidence Collection

Start collecting evidence of use in China early:

• Sales invoices to Chinese customers
• Chinese advertising and marketing materials
• Exhibition participation in China
• Online presence targeting Chinese consumers
• Media coverage in Chinese publications

Avoiding a Refusal Next Time

• Run China-focused clearance searches, including Chinese-character versions, common transliterations, and sub-class coverage, before filing.
• File early, before product launch or distributor onboarding. First-to-file means timing matters.
• File the Chinese brand name too. Lock in your core transliteration or coined Chinese trademark to avoid later conflicts.
• Use standard, precise goods and services wording. Start from CNIPA-accepted terms and tailor narrowly to your commercial use.
• Monitor and oppose. Watch the register for conflicting filings and act within the 3-month opposition window.

The GTC Advantage for CNIPA Refusals

GTC provides a dedicated China office action response service for CNIPA refusals, including:

• Detailed analysis of refusal grounds and the prospects of success
• Review petition drafting and evidence compilation
• Concurrent non-use cancellation strategy
• Filing by our in-house attorneys for China
• Court appeal support where justified
• China trademark registration end-to-end management

Current prices for a review response and a new China filing are on our pricing page.

Sources

• China National Intellectual Property Administration (CNIPA)
• WIPO Madrid System