There is no precise official success rate published for refusal reviews; industry experience estimates the overall rate at roughly 30%–50%. But averages are of limited relevance to any individual case — the success rate depends chiefly on the type of refusal grounds and the quality of the response.
Success Rates Vary by Refusal Ground
- Similarity to a cited trademark (relative grounds): relatively higher success rate. If you can demonstrate that the marks are not similar, that the goods are not similar, or that the rights status of the cited trademark has changed (cancelled for non-use, invalidated, or lapsed without renewal), the chance of a turnaround is clear.
- Lack of distinctiveness (Article 11): where a descriptive sign is refused, there is a meaningful success rate if sufficient use evidence can be submitted to prove acquired distinctiveness, but the evidentiary demands are high.
- Violation of prohibited signs (Article 10): the lowest success rate; in particular, cases involving adverse effects or state names leave essentially no room for argument.
- Bad-faith applications under Article 4: there is some room for recovery if genuine intent to use and preparations for use can be proven.
Key Actions to Improve the Success Rate
- Accurately characterize the refusal: first distinguish absolute from relative grounds, then set the strategy — a wrong direction loses everything.
- Make good use of peripheral measures: file a non-use cancellation or invalidation against the cited trademark, or negotiate an assignment; once the obstacle is cleared, the review success rate rises sharply.
- A professional statement of grounds: rebut each ground around the examination standards, rather than vaguely insisting that "my trademark is not similar."
- Sufficient evidence: use evidence must be continuous in time, broad in geographic coverage, and substantial in scale; a few scattered invoices rarely persuade an examiner.
Assess First, Then Decide
A review carries official fees and time costs (the examination cycle usually exceeds one year); a blind review risks losing on both fronts. Before filing, obtain a professional success-rate assessment — get clear on the refusal grounds, the status of the cited trademark, and your own evidentiary foundation — and only then decide on the investment.
If you are facing the issues above, you can first run a refusal review assessment on MyTMBee to confirm feasibility before deciding whether to file, avoiding wasted official fees from blind filings.