What is a trademark review of refusal?

A trademark review of refusal (also called re-examination or appeal) is the legal process by which a trademark applicant challenges the trademark office's decision to refuse a trademark application. In China, the applicant files a request with the Trademark Review and Adjudication Board (TRAB) within 15 days of receiving the refusal notice, presenting arguments and evidence to overcome the examiner's objections.

What are the common grounds for trademark refusal?

Trademark refusals generally fall into two categories: (1) Absolute grounds — the mark is considered non-distinctive, descriptive, generic, deceptive, or contrary to public interest; and (2) Relative grounds — the mark conflicts with an earlier same or similar trademark over the same or similar goods/services. Relative grounds refusals include three common scenarios: the cited mark is already registered by a third party, the cited mark is still pending (not yet registered but filed earlier), or the applicant's own prior mark blocks the new application due to an outdated owner name that was not updated after a corporate name change.

What is the deadline for filing a review of refusal in China?

Under China's Trademark Law, the applicant must file the review of refusal with TRAB within 15 days of receiving the refusal decision. This is a strict deadline — failure to file within the prescribed period results in the refusal becoming final and the application being abandoned. Kangxin's system automatically calculates and tracks this deadline.

What is the success rate for trademark review of refusal?

Success rates vary significantly depending on the refusal grounds and the strength of the arguments. Refusals on relative grounds (similar prior marks) generally have better prospects when the cited mark has been cancelled, abandoned, or can be distinguished. Refusals on absolute grounds require demonstrating acquired distinctiveness through use. Kangxin's attorneys provide an honest assessment of prospects before you commit to the review.

What evidence may be needed for a review of refusal?

Depending on the case, evidence may include: proof of the mark's use and recognition (sales figures, advertising expenditure, media coverage), evidence of acquired distinctiveness through long-term use, evidence distinguishing the mark from cited prior marks, proof that a cited mark has been cancelled or abandoned, coexistence agreements with cited mark owners, and any other materials supporting the mark's registrability.

How long does the review of refusal process take in China?

The TRAB review process typically takes 9 to 12 months from filing, though complex cases may take longer. Kangxin provides real-time status tracking through the platform so you always know where your case stands. If the review is unsuccessful, further appeal to the Beijing IP Court is available within 30 days.

Is the review of refusal service currently available for countries other than China?

The review of refusal service on the Kangxin IP Platform currently covers China (CNIPA/TRAB) trademarks. Support for additional jurisdictions is being developed and will be added progressively. For refusals in other countries, please contact Kangxin's attorneys directly for assistance — the firm's network covers 100+ jurisdictions worldwide.

Contentious · Expert Attorneys · Strategic Review

Trademark Refused? Fight Back with Expert Attorneys

When your trademark application is refused by the trademark office, Kangxin's experienced attorneys analyze the refusal grounds and develop targeted strategies to overcome the objection — maximizing your chances of successful registration.

Submit Review of Refusal → Consult an Attorney

✓ {{ t }}

Why Act Now

The Consequences of Not Appealing a Trademark Refusal

A refusal is not the end — it is often the beginning of a strategic process that can lead to successful registration. But inaction means permanent loss of rights.

⛔

Application Abandoned

If you do not file a review within the prescribed period, the refusal becomes final and your trademark application is permanently abandoned. All prior investment — filing fees, waiting time, and strategic planning — is lost.

🎯

Competitors Fill the Gap

An abandoned application leaves your brand unprotected. Third parties — competitors, squatters, or distributors — can file for similar marks in the same classes, potentially blocking your future registrations.

💸

Higher Costs to Re-file

Re-filing from scratch requires paying all official and service fees again, restarting the multi-month examination period, and facing the same or additional obstacles that caused the original refusal.

15 days

Deadline to file review of refusal in China (CNIPA)

9–12 mo

Typical TRAB review period after filing

500+

IP professionals at Kangxin to support your case

30+

Years of experience handling contentious IP matters

Understanding Refusal Grounds

Two Types of Trademark Refusal — Each Requires a Different Strategy

Trademark refusals are based on either absolute or relative grounds. Understanding the distinction is essential because the legal arguments, evidence requirements, and strategic approaches differ fundamentally.

Absolute Grounds

Refusal Based on the Mark Itself

The trademark office considers the mark inherently unregistrable — it may lack distinctiveness, be descriptive, generic, deceptive, or conflict with public interest provisions.

Common Scenarios

Lack of distinctiveness / descriptiveness — The mark is deemed descriptive of the goods or services, or lacks inherent distinctiveness to function as a trademark
Generic term — The mark is considered a common or generic name for the relevant category of goods or services
Geographic name or functional description — The mark consists of or contains a geographic name, functional term, or other non-registrable element
Public interest conflict — The mark conflicts with public morality, state emblems, international organization names, or other prohibited elements

Strategies by Scenario

vs. Lack of distinctiveness / descriptiveness: Demonstrate acquired distinctiveness through extensive use; present sales figures, advertising expenditure, media coverage, and consumer recognition evidence
vs. Generic term: Argue that the mark has a unique connotation beyond its generic meaning in the specific commercial context; provide evidence of the public perceiving it as a brand identifier rather than a category name
vs. Geographic / functional: Argue that the mark as a whole creates a distinctive commercial impression beyond the geographic or functional element; show that consumers do not associate the mark primarily with a geographic origin or product function; alternatively, demonstrate that the mark contains other distinctive elements and the geographic component truthfully indicates the applicant's actual place of business, thus causing no deception or misleading impression
vs. Public interest conflict: Argue that the mark does not constitute a prohibited element in its specific context; provide evidence that the mark's overall impression does not mislead or offend the public

Relative Grounds

Refusal Based on Prior Marks

The trademark office has identified one or more earlier marks that are considered too similar to your application over the same or similar goods/services.

Common Scenarios

Cited mark is already registered — A same or similar mark owned by a third party is already registered over the same or similar goods/services, blocking your application
Cited mark is still pending — A same or similar mark filed by a third party is still under examination (not yet registered), but its earlier filing date creates a citation conflict
Blocked by your own prior mark — Your company's own earlier trademark blocks the new application because the registered owner name was not updated after a corporate name change or restructuring

Strategies by Scenario

vs. Registered cited mark: Argue distinguishable differences in sound, appearance, and meaning; file non-use cancellation if the cited mark is not genuinely in use; negotiate a coexistence agreement with the owner
vs. Pending cited mark: Monitor the cited application's progress — it may be refused, withdrawn, or narrowed; file an opposition if it proceeds to publication; argue differences to distinguish the marks
vs. Own prior mark: File a change of name/address recordal on the earlier mark to align the owner information, then present the updated records as evidence in the review proceeding

Our Process

How Kangxin Handles Your Review of Refusal

A structured, attorney-led approach that combines legal expertise with technology — giving your mark the best chance of overcoming the refusal.

Why Kangxin

Advantages of Filing Review of Refusal Through Kangxin

Combining decades of contentious IP experience with an integrated online platform for transparent, efficient case management.

Expert Legal Team

Experienced Trademark Attorneys Specialized in Contentious Matters

Your case is handled by attorneys who focus exclusively on trademark contentious proceedings — review of refusal, opposition, invalidation, and cancellation. They bring deep expertise in CNIPA examination practices and TRAB adjudication standards.

Attorneys specialized in contentious trademark proceedings
Deep familiarity with CNIPA/TRAB examination standards
Experience across diverse industries and mark types
Bilingual attorneys for cross-border strategy coordination

👨‍⚖️

500+ IP Professionals

Attorneys, agents, patent engineers

🏛️

30+ Years of Experience

Founded 1994, Beijing headquarters

🇨🇳

China (CNIPA) Coverage

More jurisdictions coming soon

📋

Honest Case Assessment

Candid prospects evaluation before you commit

Transparent Process

Full Visibility into Case Progress and Fees

No guesswork. Every step of your review of refusal case is tracked on the platform with real-time status updates, document management, and transparent fee pre-authorization — you approve costs before any work begins.

Real-time case status tracking accessible 24/7
Transparent fee pre-authorization — no hidden charges
All official documents and correspondence available online
Automated deadline tracking and reminders
Direct messaging with your assigned attorney

📊

Real-Time Case Dashboard

Track status, deadlines, and milestones

💰

Fee Pre-Authorization

Approve exact amounts before work begins

📄

Document Management

All filings and correspondence in one place

⏰

Deadline Alerts

Never miss a critical filing deadline

Integrated Strategy

Coordinated Multi-Action Approach When Needed

Sometimes overcoming a refusal requires more than just filing a review. Kangxin coordinates parallel strategies — such as filing non-use cancellation against the cited mark, negotiating coexistence agreements, or restructuring the goods/services specification — all managed through one platform.

Simultaneous non-use cancellation against blocking cited marks
Coexistence agreement negotiation and drafting
Strategic goods/services specification adjustment
Coordination with opposition or invalidation proceedings
Court appeal to Beijing IP Court when TRAB review fails

⚖️

Review of Refusal Filing

Primary proceeding before TRAB

🗑️

Non-Use Cancellation

Remove blocking marks not in use

🤝

Coexistence Agreements

Negotiate with cited mark owners

🏛️

Court Appeal

Beijing IP Court if TRAB review fails

Frequently Asked Questions

Common Questions About Trademark Review of Refusal

Expert answers to help you understand the review process, timeline, costs, and strategic considerations.

Related Services

Get Expert Help with Your Trademark Refusal Today

Every day you wait brings you closer to an irreversible deadline. Submit your review of refusal online or consult with an experienced trademark attorney — Kangxin is ready to fight for your mark.

Submit Review of Refusal → Talk to an Attorney

Trademark Refused? Fight Back with Expert Attorneys

The Consequences of Not Appealing a Trademark Refusal

Two Types of Trademark Refusal — Each Requires a Different Strategy

Refusal Based on the Mark Itself

Refusal Based on Prior Marks

How Kangxin Handles Your Review of Refusal

{{ step.title }}

Advantages of Filing Review of Refusal Through Kangxin

Experienced Trademark Attorneys Specialized in Contentious Matters

Full Visibility into Case Progress and Fees

Coordinated Multi-Action Approach When Needed

Common Questions About Trademark Review of Refusal

Other Contentious and Protective Trademark Services

Get Expert Help with Your Trademark Refusal Today

{{item.basicTitle}}

Trademark Refused? Fight Back with Expert Attorneys

The Consequences of Not Appealing a Trademark Refusal

Two Types of Trademark Refusal — Each Requires a Different Strategy

Refusal Based on the Mark Itself

Refusal Based on Prior Marks

How Kangxin Handles Your Review of Refusal

{{ step.title }}

Advantages of Filing Review of Refusal Through Kangxin

Experienced Trademark Attorneys Specialized in Contentious Matters

Full Visibility into Case Progress and Fees

Coordinated Multi-Action Approach When Needed

Common Questions About Trademark Review of Refusal

Other Contentious and Protective Trademark Services

{{ r.title }}

Get Expert Help with Your Trademark Refusal Today

{{item.basicTitle}}