REFUSED BY CNIPA.
NOW WHAT?

FIRST: READ WHICH KIND OF REFUSAL YOU HAVE

CNIPA refusals may concern the sign itself, such as descriptiveness, prohibited signs or lack of distinctiveness, or earlier conflicting rights. Read the actual grounds and goods or services concerned before choosing a response. Subclasses help organize the analysis, but similarity is not determined by subclass numbers alone.

For a partial refusal of a national application, the provisionally approved goods may be divided into a separate application retaining the original filing date. The division request must be filed within 15 days of receipt of the partial-refusal notice. Without division, publication of the approved part may wait for the refusal and review procedure to become final. The national division rule does not apply to Madrid international registrations; check their China protection status separately.

CONFIRM THE PROCEDURE AND DEADLINE

For a national application, a request for review of refusal must be filed within 15 days of receipt of the refusal notice. Forward the complete notice and evidence of receipt promptly. Confirm the deadline, scope, instructions and cost with the handling agent; deciding to seek advice does not itself preserve the right to review.

For a Madrid designation of China, WIPO's current table distinguishes an ex officio provisional refusal, with a 15-day response period, from a notification based on opposition, with a 30-day response period. Both periods run from the holder's receipt of WIPO's notification. These are different procedures: the latter calls for an opposition response, not automatically a refusal-review request. Read the actual notification and arrange the required China representation immediately.

WHAT A REVIEW CAN ACTUALLY ARGUE

For relative grounds, compare the signs and the actual goods or services, and check the status and scope of every cited right. Where a citation is eligible for non-use cancellation, investigate its use before deciding whether to challenge it. Cancellation may help remove an obstacle, but its effect depends on the final decision, the remaining citations and coordination with the review timetable. Coexistence documents and evidence of use must be assessed under the applicable legal grounds; they do not bind the examiner.

For a distinctiveness objection, evidence of acquired distinctiveness may be relevant. Other absolute grounds have different requirements, and some prohibitions cannot be cured merely by showing use. Match the argument and evidence to the specific provision cited.

THE PARALLEL MOVES

A review, challenge to a cited mark and backup filing can address different risks. Compare their grounds, timing, costs and dependencies before combining them. A fresh application receives its own filing date and examination; removal of one citation does not guarantee approval or priority over intervening applications.

IF THE REVIEW FAILS

Under the rules currently in force, an applicant dissatisfied with a refusal-review decision may bring an administrative action within 30 days of receipt of the decision. Confirm the competent court and filing requirements promptly. Further appeal depends on the judgment and applicable procedural rules. Litigation should be assessed against the evidence, legal issue, business value and additional cost; no reversal rate or result is promised.

This article is general information about Chinese IP practice, not legal advice for a specific matter. Rules, fees, and timelines change; confirm current requirements before acting. For advice on your situation, contact our team.