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Trademark Refusal Notice

TermPublished 2026-09-17 · Updated 2026-09-17

The refusal notice is the statutory document by which the Trademark Office informs the applicant that the application has been refused; it sets out the refusal grounds, statutory basis, and cited trademarks, and starts the 15-day review deadline.

The Trademark Refusal Notice is the statutory examination document served on the applicant when the Trademark Office makes a refusal decision after substantive examination. It is both the vehicle of the refusal decision and the starting point for computing the 15-day period for applying for a refusal review; every action after receipt revolves around it.

Types of the Document

  • Trademark Refusal Notice: issued when all goods/services items are refused;
  • Notice of Partial Refusal of Trademark: issued when some items are refused and the rest are preliminarily approved.

Core Contents of the Notice

  1. Application information: application number, trademark representation, applicant name, and filing date;
  2. Scope of refusal: a total refusal or an itemized list of the refused goods/services;
  3. Refusal grounds and statutory basis: the specific provisions invoked (e.g., Articles 10, 11, 4, 30);
  4. Cited trademark information (for refusals on relative grounds): the cited trademark's registration/application number, representation, designated goods, and rights holder;
  5. Notice of remedy: informing the applicant that a refusal review may be applied for within 15 days of receiving the notice.

Service Method and Computation of the Time Limit

  • For applications filed through the online trademark service system, the notice is served electronically, and the service date recorded in the system prevails;
  • For paper applications, service is made by post;
  • The 15-day review period runs from the date of receipt of the notice, and if the last day falls on a statutory holiday, it is extended to the first working day thereafter.

Standard Actions Upon Receiving the Notice

  1. Record the date of receipt and lock in the review deadline;
  2. Analyze the refusal grounds item by item, distinguishing absolute from relative grounds;
  3. Check the rights status of the cited trademarks (whether valid, whether registered for three years, any non-use cancellation or invalidation records);
  4. Assess the review success rate and decide on a review, refiling, or dual-track strategy;
  5. File the review application within the time limit or make a decision to abandon.

Points of Attention

  • The notice is a mandatory attachment to the review application — keep it safe (back up electronic copies);
  • The wording of the refusal grounds is the direct target of the review response; the statement of grounds must address each item;
  • If in doubt about the contents of the notice, verify them against the case examination file through the Trademark Office's public channels.

The application of related concepts in practice involves detailed differences; before acting, you may consult a registered trademark agent on MyTMBee for targeted analysis.