China Trademark Refusal Review: Complete Guide to Strategies, Process, Costs & Causes
Learn why China trademarks get refused, real case studies, refusal review strategies, three-year non-use cancellations, and invalidity declarations. Protect your brand in China effectively.
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1. A China Trademark Refusal Does Not Necessarily Mean Failure
Many companies applying for a trademark in China for the first time ask:
“If our trademark is refused, does that mean we have no chance?”
Based on practical experience, the answer is: not necessarily.
China receives millions of trademark applications annually (source: CNIPA Annual Statistics). With such a high volume, refusals are not uncommon. However, many companies do not realize that a refusal is only part of the examination process.
According to the China Trademark Law, applicants can still pursue registration through the refusal review procedure. In our cases, many trademarks were ultimately approved during the review stage. Sometimes, a refusal even exposes potential brand risks early, helping companies avoid greater market losses.
2. Quick Understanding: What Is a China Trademark Refusal?
A China trademark refusal occurs when the China National Intellectual Property Administration (CNIPA) determines, during examination, that the trademark application does not meet the registration requirements under the Trademark Law, and therefore issues a decision not to register.
Applicants can file a refusal review request with CNIPA within 15 days of receiving the refusal notice to request a re-examination.
Key Information About China Trademark Refusal
| Key Point | Description |
|---|---|
| Examining Authority | China National Intellectual Property Administration (CNIPA) |
| Review Deadline | Within 15 days of receiving the refusal notice |
| Average Processing Time | 8–12 months |
| Most Common Reason | Similarity to an earlier trademark |
| Possible Strategies | Refusal review, Three-Year Non-Use Cancellation (“Chesan”), Invalidity Declaration |
| Main Legal Basis | Trademark Law, Articles 10, 11, 30, 32 |
3. Most Common Reasons for China Trademark Refusal
Based on practical cases, refusals are usually due to the following reasons:
- Trademark Similarity
The most common reason for refusal. Examiners evaluate the trademark holistically, considering: Appearance, Pronunciation, Meaning, Overall impression. Pronunciation similarity is particularly challenging for foreign brands. - Lack of Distinctiveness
Highly descriptive words are usually not registrable, e.g., Best, Premium, Fresh. These are considered incapable of distinguishing the source of goods. - Prohibited Elements
Trademarks containing national names, flags, emblems, or government agency symbols are generally not allowed. - Subclass Conflicts
China has established a subclass system based on the Nice Classification. If two goods fall under the same subclass, they are usually considered similar. This is often overlooked by foreign companies.
Before submitting an application for Chinese trademark registration, please read our “Chinese Name Strategy for China Trademark Registration” to avoid some common rejections due to compliance issues with the name
4. Real Case 1: Industrial Brand Successfully Registered After Review
Date / Client: June 2024, Australian industrial company
Background: Produces filtration equipment, operating locally for over ten years, planning to establish a supply chain in China
Issue: After 7 months, received a refusal notice; examiner considered the trademark phonetically similar to a 2019 registered Chinese trademark
Client Reaction: “We’ve been using this brand for over ten years—why can’t it be registered in China?”
Upon reviewing the case, we found that while the pronunciation was similar, the visual structures were distinct. We advised the client to submit a refusal review with supporting materials:
- Trademark structure difference analysis
- Evidence of overseas use
- Industry references
Outcome: Nine months later, the refusal was overturned, and the trademark was successfully registered.
5. Real Case 2: Refusal Exposed Potential Brand Risks
Date / Client: 2023, European consumer brand
Issue: Trademark refused due to the existence of an earlier registered trademark
Findings: The earlier trademark was active on e-commerce platforms selling similar products—a potential free-riding risk
Strategy: Filed an invalidity declaration
Outcome: After over a year, the earlier trademark was declared invalid.
Without the initial refusal, this issue might only have emerged after market entry, incurring much higher enforcement costs.
6. Real Case 3: Refusal Due to China’s Subclass System
Date / Client: 2022, North American electronics accessory company
Issue: Applied under international classification, but CNIPA refused the application because the goods were in the same subclass as an earlier trademark
Solution: Adjusted the goods list and resubmitted the application
Outcome: Second application successfully registered
⚙️ Strategy Decision Flow (Based on Section 7 – Similarity Refusal)
graph TD
A[Trademark Refusal due to Earlier Mark] --> B{Is cited mark registered >3 years?}
B -->|Yes| C[File Chesan + Refusal Review]
B -->|No| D{Bad faith / preemption?}
D -->|Yes| E[Invalidity + Refusal Review]
D -->|No| F[Refusal Review + Argument]
C --> G[Request CNIPA Consolidation]
E --> G
F --> H[Review Success / Await]
G --> H
7. Strategies for Refusals Due to Similar Prior Registered Trademarks
If the refusal is based on the examiner’s view that the mark is similar to a prior registered trademark, the company may still have viable options. We usually adopt a comprehensive approach depending on the specific circumstances:
- Submit a Refusal Review
Must be filed within 15 days of receiving the refusal notice. Supporting materials can include: Trademark difference analysis, Market evidence, Evidence of use, Coexistence agreements (if achievable). - Simultaneously Initiate Three-Year Non-Use Cancellation (“Chesan”)
If the cited trademark has been registered for over 3 years but not genuinely used in China, an application can be made to cancel it. Many earlier trademarks are not actively used. - File an Invalidity Declaration if Necessary
Applicable if the earlier trademark shows: Bad-faith registration, Unlawful registration, Conflict with well-known brands. - Request CNIPA to Consolidate Cases
When refusal review, Chesan, or invalidity declaration cases occur simultaneously, you can request CNIPA to handle them together. Purpose: avoid the refusal review being rejected before the earlier trademark issue is resolved. Critical for complex cases.
8. Strategies for Refusals Due to Lack of Distinctiveness
When a trademark is refused under Article 11 of the China Trademark Law (lack of distinctiveness), the applicant can still overcome the refusal by demonstrating that the mark has acquired distinctiveness through use. Below are practical approaches:
- Evidence of Acquired Distinctiveness (Secondary Meaning)
Submit proof of extensive use in China, such as sales figures, advertising expenses, market share, and recognition by relevant consumers. This shows that although the mark is descriptive, it has become distinctive of your goods/services. - Limiting the Specification of Goods/Services
Sometimes narrowing the list of goods/services can avoid a refusal, as distinctiveness is assessed per specific item. A mark may be considered distinctive for specialized goods even if descriptive in general. - Combining with a Distinctive Element
If possible, consider adding a unique or fanciful element to the trademark (e.g., a logo or coined word) and refile. A composite mark may pass the distinctiveness threshold. - Argument Based on Intrinsic Nature
In borderline cases, you can argue that the mark is not merely descriptive but suggestive, and therefore inherently distinctive. Legal precedents and dictionary definitions may support this. - Disclaimers
If the mark contains descriptive matter, you can disclaim the exclusive right to that descriptive portion, allowing the overall mark to proceed (e.g., “Fresh” for food might be disclaimed while the full mark is registered).
For a detailed guide on overcoming distinctiveness refusals, see our article “Overcoming Lack of Distinctiveness in China”.
9. Cost Structure of a Refusal Review
Filing a refusal review involves both official CNIPA fees and professional service fees. Below is a typical breakdown (in RMB and approximate USD):
| Cost Component | Amount (RMB) | Approx. (USD) | Notes |
|---|---|---|---|
| CNIPA Official Fee | 750 per class | ~$105 | Payable upon filing the review application. Non-refundable. |
| Professional Service Fee (Basic) | 3,000 – 8,000 | $415 – $1,100 | Includes drafting arguments, preparing evidence, and filing. Varies by complexity. |
| Evidence Collection & Translation | 1,000 – 5,000+ | $140 – $700+ | If extensive use evidence or notarization/translation is needed. |
| Combined Strategy (Chesan + Review) | 8,000 – 15,000 | $1,100 – $2,070 | If simultaneous Chesan or invalidity is filed; includes additional official fees for Chesan (500 per class) and service. |
| Appeal to Beijing IP Court (if needed) | 20,000 – 50,000+ | $2,760 – $6,900+ | In case of unsuccessful review, plus court filing fee (RMB 100). |
Important: The official fee for refusal review is currently RMB 750 per class (covering all goods/services in that class). If the Chesan procedure is initiated separately, its official fee is RMB 500 per class. Service fees vary by agency and the amount of evidence work. Always request a detailed quote based on your specific case.
10. Timeline After Trademark Refusal
| Stage | Timeframe |
|---|---|
| Refusal Notice Issued | Day 0 |
| Refusal Review Filing | Within 15 days of notice |
| CNIPA Review Process | 8–12 months |
| Decision Issued | After review completion |
| If Successful | Enters 3-month opposition period for publication |
| If Unsuccessful | May appeal to Beijing IP Court |
11. Legal Basis for Trademark Refusal
Key articles of the China Trademark Law:
- Article 30: Similarity to earlier trademarks — trademarks that are identical or similar to earlier registered trademarks on the same or similar goods shall be refused.
- Article 11: Lack of distinctiveness — marks that merely describe quality, main materials, or functions are not registrable.
- Article 10: Prohibited marks — includes national names, flags, emblems, etc.
- Article 32: Protection of prior rights — applicants must not infringe prior rights or preemptively register another’s well-known mark.
12. Practical Recommendations from Experience
- Conduct professional trademark searches before application. Check for identical and potentially similar marks.
- Plan goods/services carefully; China’s subclass system differs from international standards.
- Register Chinese versions of your brand early. Many foreign brands discover too late that their Chinese name is already taken.
- Understand CNIPA’s examination standards: visual differences do not always avoid refusal if pronunciation is similar.
- Choose highly distinctive trademarks; original marks are easier to register.
13. A Counterintuitive Reality
Many companies see refusals as bad news.
From a risk management perspective, a refusal can actually be beneficial. It often indicates existing potential brand conflicts in the market.
Discovering such conflicts before investing heavily in market entry can save significant costs later.
14. Official Reference Documents
15. Frequently Asked Questions (FAQ)
16. If Your China Trademark Is Refused
Facing a trademark refusal in China does not mean you must give up. The key is to identify the true reason for the refusal.
- Some cases are suitable for refusal review
- Some require cancellation of earlier trademarks
- Some involve bad-faith registration
If you want to evaluate your case, you can send your refusal notice for a preliminary analysis.
