A refusal review is adjudicated by the CNIPA (into which the functions of the former Trademark Review and Adjudication Board have been merged). The overall process is: file the application within the time limit → formality examination and acceptance → substantive examination → issuance of the review decision → service. The entire process is conducted primarily on the written record, and hearings are generally not held.
Step-by-Step Process
- Filing the review application: within 15 days of receiving the refusal notice, submit the review application, statement of grounds, and evidence through the online trademark service system or in paper form, and pay the official fee (RMB 750 per class for paper filings, RMB 675 per class for online filings).
- Formality examination and acceptance: the review department examines the materials for formal compliance; incomplete materials trigger a rectification notice. Compliant applications are accepted, assigned a case number, and queued for examination.
- Substantive examination: the examiner (panel) conducts a written examination centered on the refusal grounds and the grounds for review. At this stage, supplementary evidence may be submitted (such as the notice of acceptance of a non-use cancellation against the cited trademark), and suspension of the review may be requested in accordance with the law pending the outcome of related cases.
- Issuance of the review decision: upon conclusion of the examination, a decision is issued — either "the applied trademark is granted preliminary approval" (review succeeds) or "the application is refused" (review fails); partial success on some goods is also possible.
- Service of the decision: the decision is served on the applicant and the agency electronically or in paper form.
Key Actions During Examination
- Supplementing evidence: monitor the case status during examination and supplement key evidence within the statutory time limit;
- Requesting suspension: where the cited trademark is undergoing non-use cancellation, invalidation, or assignment proceedings, submit the notice of acceptance and request suspension of the review;
- Tracking progress: check the case status through the online trademark service system to avoid missing rectification deadlines.
Follow-Up After a Failed Review
If you disagree with the review decision, you may file an administrative lawsuit with the Beijing Intellectual Property Court within 30 days of receiving the decision, entering the judicial relief process.
If you are unsure about the issues above, you may first obtain a refusal review on MyTMBee and act after receiving an analysis from a registered trademark agent.