What can I do after a China trademark refusal?
The refusal should be reviewed against its cited marks, goods and legal basis. Depending on the decision, options may include review, amendment where permitted, action against cited rights, consent-related strategy or a new filing.
Why it matters
Put the question in the right procedure and timeline
China trademark work is driven by filing position, the selected goods and services, and procedural stage. As of 29 July 2026, the 2019 Trademark Law remains operative; the revised 2026 law takes effect on 1 January 2027.
What changes the answer
What can change the answer
Calculate the review deadline from service of the decision and obtain complete cited-mark records before selecting the route.
Do not act on the summary alone for a live matter. An official record, service date, document version, party identity or transitional rule can change the conclusion.
What to prepare
Prepare these three points
- 01
The complete refusal notice, its delivery record and the earliest defensible service date.
- 02
The application file, cited-mark records and the goods or services refused or allowed.
- 03
Evidence relevant to distinctiveness, prior rights, use, coexistence or action against a cited mark.
Next step
Apply the answer to your actual record
Search the proposed marks and identify conflicts by goods and services.
Check whether this fact changes the answer: Calculate the review deadline from service of the decision and obtain complete cited-mark records before selecting the route.
Calendar examination, opposition, review and renewal milestones.
Official sources
Official sources used for this article
These links lead to original CNIPA, WIPO or Supreme People's Court materials. Check the latest text, effective date and matter-specific procedure when acting.
- CNIPA Trademark Law of the People's Republic of China, 2019 text
- CNIPA Official Q&A on the trademark refusal-review deadline
Prepared and checked by Zhiquan IP against the listed primary materials. Cross-check the organization and contact details on the Credentials page.