Applying for a refusal review requires submitting a complete set of materials to the CNIPA, centered on the review application (statement of grounds), the refusal notice, proof of qualification, and a power of attorney, together with evidence materials prepared specifically for the refusal grounds.
Essential Basic Materials
- Application for Review of Refused Trademark Registration Application: stating the applicant's information, the original application number, the review request, and the facts and reasons;
- Original Trademark Refusal Notice (or electronic service record);
- Proof of qualification: a stamped copy of the enterprise's business license (duplicate); for individuals, a copy of the ID card and the individual business license;
- Power of attorney for trademark agency: where an agency is engaged, a signed and sealed power of attorney must be submitted;
- Proof of payment of the review fee.
Evidence Materials Organized by Refusal Ground
- Similarity refusals: a comparative analysis of the marks, an explanation of why the two parties' goods are not similar, use evidence for the applicant's trademark (proving that differentiated market recognition has been formed), and evidence of market coexistence;
- Lack of distinctiveness: a chain of use evidence predating the filing date — sales contracts and invoices, advertising, media coverage, industry honors, and market survey reports;
- Bad-faith applications under Article 4: evidence of actual use, business qualifications, and materials proving genuine intent to use, such as product development and launch plans;
- Related to the cited trademark's status: peripheral action documents such as the notice of acceptance of a non-use cancellation application, coexistence agreements, and assignment certificates, which may be accompanied by a request for suspension of the review.
Formality Requirements
- Materials must be prepared in accordance with the prescribed document formats; number each page of the evidence and attach an evidence index;
- Foreign-language evidence must be accompanied by a Chinese translation;
- Copies must be consistent with the originals; it is advisable to retain the originals of key evidence for inspection;
- For online filing, upload electronic documents as required by the online trademark service system.
Practical Reminder
The quality of the materials directly determines the outcome of the review; the argumentation logic of the statement of grounds and the completeness of the evidence chain matter more than the sheer quantity of materials. When the evidence is insufficient, it is better to complete it before filing than to submit hastily against the deadline.
In similar situations, it is advisable to first consult a registered trademark agent on MyTMBee to assess whether a refusal review is warranted before deciding on the next step.