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

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 mark undergoes a substantive examination that typically takes approximately 9 months. During this examination, CNIPA may issue a refusal notification if it determines the mark fails to meet registration requirements.

Understanding the grounds for refusal and the review process is essential for protecting your filing investment.

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

The CNIPA Examination Process

Formal Examination (约1个月)

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 required fees (CNY 270 per class)
• Proper agent authorization (for foreign applicants)

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

Substantive Examination (约9个月)

The substantive examination evaluates the mark against both absolute grounds (inherent registrability) and relative grounds (conflicts with prior rights).

Absolute Grounds for Refusal

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

Article 10: Prohibited Marks

Marks that 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)
• Marks that are discriminatory against any nationality
• Marks that are deceptive regarding quality, origin, or characteristics
• Marks detrimental to socialist morality or public interest

Article 11: Non-Distinctive Marks

Marks that lack distinctiveness and cannot function as trademarks:

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

Note: Descriptive marks 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 Marks

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

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

• Visual similarity — overall appearance comparison
• Phonetic similarity — pronunciation in Mandarin
• Conceptual similarity — meaning and associations

Article 13: Well-Known Mark Protection

Well-known marks (驰名商标) receive cross-class protection — they can block registrations even in different classes if the later mark would:

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

Article 15: Agent/Representative Bad Faith

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

Article 32: Prior Rights and Bad Faith

Refusal where the applicant:

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

Receiving a Refusal Notification

When CNIPA refuses an application, it issues a Notification of Refusal (驳回通知书) containing:

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

Partial Refusal

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

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

TRAB Review Process

If you disagree with CNIPA's refusal, you can request review before the Trademark Review and Adjudication Board (TRAB).

Filing the Review Request

Building Your TRAB Review Arguments

Effective TRAB review strategies include:

For Absolute Grounds Refusals:

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

For Relative Grounds Refusals:

• Mark differentiation — arguing sufficient visual, phonetic, or conceptual differences
• Goods/services differentiation — arguing the goods/services are in different sub-classes or channels of trade
• Prior mark vulnerability — if the cited mark is subject to non-use cancellation (3+ years of non-use)
• Coexistence evidence — evidence of peaceful coexistence in other jurisdictions
• Consent agreements — written consent from the cited mark owner

TRAB Decision

TRAB will either:

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

Appeal to Beijing IP Court

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

Court Appeal Process

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

Strategic Considerations

Concurrent Non-Use Cancellation

If the blocking mark has been registered for 3 or more years without use, you can file a non-use cancellation action simultaneously with your TRAB review. If the cancellation succeeds, the obstacle to your registration is removed.

Refiling Strategy

In some cases, it may be more efficient to:

• Modify the mark to create sufficient distinction from cited marks
• Narrow the goods/services to avoid the specific sub-classes where conflicts exist
• File a new application with a modified mark 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

The GTC Advantage for CNIPA Refusals

Global Trademark Company provides expert office action response services for CNIPA refusals, including:

• Detailed analysis of refusal grounds and success probability
• TRAB review petition drafting and evidence compilation
• Concurrent non-use cancellation strategy
• Coordination with Chinese trademark agents
• Court appeal support where justified
• China trademark registration end-to-end management

Next Steps

Received a CNIPA refusal? Don't let the 15-day deadline pass without action. Contact our team for a rapid assessment of your options, or start with a free trademark check if you're planning a new filing and want to minimize refusal risk.

*This guide reflects CNIPA examination procedures and TRAB review processes current as of 2026. Trademark law and practice are subject to change; consult a qualified trademark professional for advice specific to your situation.*