A refusal review is the core remedy after a trademark is refused. This guide provides a complete, actionable framework across five dimensions: case assessment, material preparation, drafting the statement of grounds, peripheral actions, and process management.
1. Assess First: Is Your Case Suitable for Review?
A review is not a mandatory step — answer three screening questions first.
1.1 Identify the Nature of the Refusal Grounds
Relative grounds (prior similar marks under Article 30): highest review value. Similarity assessment involves discretionary judgment, and the cited trademark may be cancelled for non-use, invalidated, or resolved through negotiation — the overall success rate is relatively promising.
Distinctiveness issues among absolute grounds (Article 11): reviewable where supported by use evidence. There are precedents of descriptive signs acquiring "secondary meaning" through long-term use, but the evidentiary threshold is high.
Prohibited signs among absolute grounds (Article 10): review is not recommended in most situations. Cases involving state symbols or adverse effects have virtually no room; only isolated situations such as the misidentification test for "deceptive" signs or place names with other meanings are worth a try.
Bad-faith applications under Article 4: worth reviewing where a genuine business entity and use evidence exist; pure trademark-hoarding applications are not worth the expense.
1.2 Assess the Sunk Value of the Trademark
The extent to which the trademark has been put into use determines the cost-effectiveness of a review: where packaging and materials are printed, channels are laid out, and advertising has run, the cost of a review is far lower than the loss from rebranding; for a trademark sitting unused in a drawer, redesigning may be more economical.
1.3 Calculate the Time and Money Costs
Official fee of RMB 750 per class for paper filings (RMB 675 per class for online filings) + agency fees of several thousand yuan + a cycle of about 12 months. A failed review may be followed by an even larger investment in administrative litigation. Do the full accounting before making up your mind.
2. Prepare the Materials: Review Application Checklist
Basic Documents
- Application for Review of Refused Trademark Registration Application — stating the application number, applicant information, and the review request;
- Original Trademark Refusal Notice or electronic service record;
- Proof of qualification — a stamped copy of the business license (duplicate) or an ID card;
- Power of attorney for trademark agency (where an agent is engaged);
- Proof of payment of the review fee.
Evidence (Organized by Refusal Ground)
Evidence package for similarity refusals: a comparative analysis of the two marks; use evidence for the applied trademark (contracts, invoices, advertising) proving market differentiation; search results showing coexistence of similar marks in the same class; proof of abnormal status of the cited trademark (e.g., notice of acceptance of a non-use cancellation).
Evidence package for distinctiveness refusals: sales contracts and invoices from several years before the filing date (demonstrating scale and temporal continuity); proof of advertising spend; media coverage and trade fair materials; industry rankings and honors; consumer perception surveys. The evidence must show the sign used in its original form.
Evidence package for Article 4 refusals: evidence of actual use or preparations for use; description of business qualifications and scale; an account of the creative concept and naming origin of the trademark.
Formality requirements: number each page of the evidence, attach an index, and attach Chinese translations to foreign-language evidence.
3. Draft the Statement of Grounds: The Core Document Determining Success
The statement of grounds is not a letter of grievance — it is a quasi-legal document whose argumentation must be built around the examination standards.
Recommended Structure
- Review request: clearly request preliminary approval of the applied trademark;
- Facts of the case: briefly describe the application and the refusal;
- Statement of reasons: rebut each refusal ground point by point — this is the main body;
- List of evidence: enumerate the evidence and what each item is intended to prove.
Argumentation Points (by Refusal Type)
Similarity refusals:
- Mark comparison must follow the full path of "sound, appearance, and meaning + overall observation and comparison of essential parts" — do not merely assert that "the overall impression differs";
- The dispute over similarity of goods must be anchored to specific subclasses in the Classification of Similar Goods and Services, combined with market reality;
- Likelihood of confusion should be argued comprehensively, incorporating factors such as the reputation of the applied trademark and the strength of the cited mark's distinctiveness;
- Search for comparable examination precedents and cite registrations granted in similar circumstances to strengthen persuasiveness.
Distinctiveness refusals:
- Argue that the sign does not "merely and directly indicate" the characteristics of the goods (the boundary between suggestive and descriptive signs);
- Prove acquired distinctiveness through use evidence, organizing the evidence chain along a timeline that highlights the scale and continuity of use.
4. Peripheral Actions: The Combined Approach to Clearing Citation Obstacles
A review is not an isolated procedure; coordinating it with peripheral actions maximizes the success rate:
- Non-use cancellation (Article 49): where the cited trademark has been registered for three full years and is suspected of non-use, immediately file an application for cancellation for three consecutive years of non-use, and at the same time submit the notice of acceptance in the review and request suspension. Once the cancellation succeeds, the obstacle is removed and the review is very likely to turn around;
- Invalidation (Articles 44 and 45): where grounds for invalidation exist within five years of the cited trademark's registration, file an invalidation;
- Negotiated coexistence: sign a coexistence agreement with the owner of the cited trademark and submit it in the review as corroboration of no confusion (note: coexistence agreements are not automatically accepted, but they add weight);
- Assignment: purchase the cited trademark outright and resolve everything in one transaction;
- Dual-track filing: simultaneously file an adjusted new application as a backup, preventing a protection gap if the review fails.
5. Manage the Process: Milestones and Deadlines
- T+0: receive the refusal notice and record the date;
- Within T+3 days: complete the search of the cited trademarks and the analysis of the refusal grounds, and conduct a success-rate assessment;
- Within T+7 days: finalize the strategy and initiate peripheral procedures such as non-use cancellation (the cancellation timeline runs in parallel with the review);
- Before T+12 days: file the review application, leaving a buffer for amendment/rectification;
- During the review: track case status, supplement evidence promptly, and monitor developments affecting the cited trademark;
- After receiving the review decision: if successful, the mark proceeds to publication; if unsuccessful, decide within 30 days whether to file an administrative lawsuit.
6. Self-Check of Common Failure Causes
- The statement of grounds is generic and does not rebut each refusal ground point by point;
- The evidence is fragmentary and cannot form a chain that is continuous in time and substantial in scale;
- Missing the 15-day time limit or the rectification deadline;
- Failing to promptly inform the review authority of favorable changes in the cited trademark's status;
- Taking chances with rigid provisions such as Article 10 and forcing a review.
Conclusion
A refusal review is a comprehensive contest of "evidence + argumentation + timing." First set the direction through a success-rate assessment, then fight the main battle with a solid statement of grounds and evidence, fight the flanks with peripheral measures such as non-use cancellation and coexistence, and finally hedge with a dual-track filing. With this combined approach, virtually every salvageable case can be saved.
7. Service Entry Point
If you need to handle the matters above, you may submit a refusal review application on MyTMBee, where a registered trademark agent will follow through on the case.