Trademark refusals are a common challenge for businesses seeking brand protection in China. Most refusals result from a lack of distinctiveness or similarity to an earlier trademark. However, a refusal does not necessarily mean the end of the application. By understanding the grounds for refusal and taking the appropriate steps, applicants may still be able to secure trademark registration. This guide outlines the common reasons for refusal, available remedies, and practical strategies for improving the chances of success.
Why Was My Trademark Rejected?
Within China's extensive trademark registration system, receiving a refusal is not the end of the process—it is often the beginning of a second opportunity to secure your trademark rights. According to the China National Intellectual Property Administration (CNIPA), approximately 6.44 million trademark applications were filed in 2024, with over 30% receiving either a partial or complete refusal.
The most common reasons include:
Lack of distinctiveness (e.g. descriptive or generic terms)
Similarity to an earlier registered or pending trademark (relative grounds)
Violation of statutory prohibitions (e.g. deceptive, political, or public interest-related marks)
Common Reasons for Trademark Refusal
Reason | Description | Practical Considerations |
|---|---|---|
Lack of Distinctiveness | The trademark consists of descriptive wording, generic terms, or functional expressions, such as "Fresh Bread" or "Smart Technology". | Reviews are generally difficult to succeed. Modifying the trademark and filing a new application is often recommended. |
Similarity to Earlier Trademarks | The trademark is considered confusingly similar to an earlier registered or pending trademark in pronunciation, appearance, meaning, or overall impression. | This is the most common ground for refusal and may be overcome through a review supported by appropriate evidence. |
Violation of Statutory Provisions | The trademark contains prohibited elements, such as misleading, political, discriminatory, or absolute claims like "National Grade", "Best", or "Guaranteed Medical". | These refusals generally cannot be overcome through review, and the trademark should be revised before refiling. |
3 Steps to Take After Receiving a Trademark Refusal
Step 1 – Understand the Grounds for Refusal
After receiving the Notice of Refusal, the first priority is to determine why the application was rejected. The reason will largely determine whether you should file a Review of Refusal or submit a new application with a revised trademark.
1. Absolute Grounds
These refusals relate to the inherent nature of the trademark and are generally more difficult to overcome.
Examples include:
Lack of distinctiveness
Generic or descriptive wording
Prohibited or misleading expressions
Violations of public policy or statutory prohibitions
Estimated success rate of review: approximately 15–20%
In many cases, revising the trademark before refiling may be the more practical approach.
2. Relative Grounds
These refusals arise because the trademark conflicts with an earlier trademark.
The examiner considers whether consumers may be confused based on similarities in:
Pronunciation
Appearance
Meaning
Overall commercial impression
Estimated success rate of review: approximately 40–60%
These cases generally provide the strongest opportunity to overturn a refusal.
Step 2 – File a Review of Refusal Within the 15-Day Deadline
If you disagree with the examiner's decision, filing a Review of Refusal is usually the preferred option.
Unlike filing a new application, a review allows you to:
Preserve the original filing date
Maintain priority rights
Submit additional supporting evidence
Avoid losing priority to later applicants
Important Deadline : A request for review must be filed within 15 days from the date the applicant receives the Notice of Refusal.
This is a strict statutory deadline. Missing it will result in the application being deemed abandoned.
Recommended Actions :
Record the exact date the refusal notice is received.
Identify the grounds for refusal immediately.
Consult a qualified trademark professional within 48 hours to evaluate the available options.
Preparing legal arguments and supporting documents takes time, so early action is strongly recommended.
Step 3 – Prepare Strong Supporting Evidence
Practical experience suggests that well-prepared evidence can significantly improve the likelihood of success during a review.
The most persuasive evidence typically includes:
1. Evidence of Actual Use (Most Important)
Examples include Sales invoices, contracts, product packaging, E-commerce listings, advertising materials and social media promotions
2. Explanation of the Trademark Design
Provide a detailed explanation covering:
The origin of the trademark
The meaning behind the wording or design
The brand story and distinctive characteristics
3. Comparable Registration Examples
Where appropriate, cite similar trademarks that have already been registered to demonstrate consistency in examination standards.
4. Evidence of Market Recognition
Useful evidence may include: Media reports, industry awards, consumer surveys and market recognition studies
Frequently Asked Questions
Q1. What happens if I do not file a review?
If no review is filed within the 15-day statutory period, the trademark application will lapse. Any subsequent application will receive a new filing date, potentially allowing third parties to obtain earlier rights.
Q2. What documents are required for a Review of Refusal?
Typical documents include:
Application for Review of Refusal
Legal arguments and supporting submissions
Evidence of trademark use
Power of Attorney (if filed through a trademark agent)
Q3. What is the likelihood of success?
The likelihood of success depends on the grounds for refusal. In general, reviews based on similarity to an earlier trademark (relative grounds) have a success rate of approximately 40–60%, while reviews involving a lack of distinctiveness (absolute grounds) are less likely to succeed, with a success rate of around 15–20%.
Q4. Should I negotiate with the earlier trademark owner or file a review first?
If the refusal is based on an earlier trademark and the other party is willing to cooperate, negotiation (such as obtaining consent or a license) may provide a practical solution.
However, where cooperation is unlikely, filing a Review of Refusal promptly is advisable to preserve your legal rights before the statutory deadline expires.
Practical Recommendations
If your China trademark application has been rejected, consider taking the following steps immediately:
Preserve the evidence – Save a copy of the Notice of Refusal and record the official date of receipt.
Seek professional advice – Have the refusal reviewed by an experienced trademark professional within 48 hours to determine the most appropriate strategy, whether that involves filing a review, amending the trademark, negotiating with prior rights holders, or pursuing other available remedies.
Organise supporting evidence – If you intend to file a review, begin collecting documents demonstrating your use of the trademark, including promotional materials, invoices, sales records, and other commercial evidence.