A refusal review is the statutory remedy by which an applicant for trademark registration, disagreeing with the refusal decision made by the Trademark Office, requests the CNIPA to re-examine the application within the statutory time limit, pursuant to Article 34 of the Trademark Law. It is the core avenue for saving the trademark application after a refusal — and in particular for preserving the original filing date.
Key Procedural Points
- Applicant: the applicant of the refused trademark itself (or a party that has lawfully succeeded to the rights);
- Authority: the CNIPA (into which the adjudication functions of the former Trademark Review and Adjudication Board have been merged);
- Time limit: within 15 days of receiving the refusal notice — a statutory invariable period; late filings are not accepted;
- Examination method: primarily a written examination, conducted by a panel centered on the refusal grounds and the grounds for review;
- Examination period: a statutory 9 months, extendable by 3 months with approval in special circumstances; the overall practical cycle is usually about 12 months.
Outcome Types of a Review
- Review succeeds: the applied trademark is granted preliminary approval and proceeds to publication;
- Review fails: the refusal decision is upheld;
- Partial success: preliminary approval is granted for some goods items, while the refusal is upheld for the rest.
Core Value of the Review
- Preserving the original filing date: if the review succeeds, the trademark right counts from the original filing date, fending off squatting filings in the interim;
- A fresh chance to persuade the examiner: the original examination was the examiner's unilateral judgment; at the review stage, the applicant may fully state its reasons and submit evidence;
- Connecting with peripheral actions: during the review, obstacles can be cleared through non-use cancellation or invalidation of the cited trademark, or negotiated coexistence, with a request for suspension of the review.
Interface with Subsequent Procedures
- 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;
- After the first-instance judgment, an appeal lies to the Beijing High People's Court.
Practical Points
- The review statement of grounds is the core document determining success or failure; it must rebut each refusal ground around the examination standards — generic assertions rarely work;
- Evidence should be fully submitted in one go at the time of application, organized into a chain around the refusal grounds;
- The review fee is RMB 750 per class for paper filings (RMB 675 per class for online filings) and is non-refundable once paid;
- The trademark is not yet registered during the review, and the ® symbol must not be used.
How these concepts apply in a specific case still involves detailed differences; you may consult a registered trademark agent on MyTMBee for case-specific analysis.