The statutory examination period for a refusal review is 9 months, extendable by 3 months with approval in special circumstances (Article 34 of the Trademark Law). But factoring in acceptance queuing and other practical steps, it usually takes about 12 months in practice from filing the application to receiving the review decision, and some cases take longer.
Timeline Reference
- Filing and acceptance: formality examination and acceptance are completed 1–2 months after filing (longer if the materials require rectification);
- Substantive examination: after acceptance, the case enters the examination queue, subject to the statutory 9-month limit;
- Service of the decision: service takes additional time after the decision is issued.
When It Takes Longer
- Suspension requested: where the cited trademark is undergoing non-use cancellation, invalidation, or litigation and the review authority agrees to suspend, the review awaits the outcome of the related case, and the overall cycle may stretch to 18–24 months;
- Complex cases requiring panel deliberation;
- Time consumed by rectification and evidence supplementation steps.
What to Do While Waiting
- Continue using the mark and preserve evidence: keep using the trademark and save new use evidence, stockpiling ammunition for possible subsequent proceedings (administrative litigation);
- Monitor the cited trademark's status: watch its renewal, non-use cancellation, and invalidation developments, and promptly report status changes to the review authority;
- Assess backup options: if an overlong review cycle would hurt the business, file an amended new application in parallel without waiting for the review outcome;
- Mind the market risk: the trademark is not yet registered during the review — do not use the ® symbol in marking; the TM designation may be used instead.
Planning Advice
Build the review cycle into your brand launch plan: if the product launch is time-critical and cannot wait, prioritize rebranding with a new application or acquiring an existing trademark; if the trademark is deeply embedded in use and must be preserved, patiently complete the review while reserving time for administrative litigation.
Note: the time-limit figures in this article are updated as of 2026; actual durations are affected by examination progress, and official statements of the Trademark Office shall prevail.
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.