Trademark Rejection In China

If your trademark registration application in China is rejected, you have the option to file a review or appeal with the China National Intellectual Property Administration (CNIPA). Here's a step-by-step overview of what to do and what is typically required:

1. Filing A Review Against Rejection:

Submit a Request for Reconsideration: You must file a request for review with the CNIPA's Trademark Review and Adjudication Board (TRAB) within 15 days of receiving the rejection notice.

Documents to Prepare and Submit:

Application for Review (written request, typically in Chinese).

Rejection Notice received from CNIPA.

Power of Attorney (PoA) if a trademark agent or lawyer is representing you.

Evidence and supporting materials to argue for the validity and registrability of your trademark. This may include proof of use, advertising materials, market presence, consumer surveys, or evidence demonstrating that your trademark has gained distinctiveness.

Official Documents and translations (if applicable) should be properly notarized and translated into Chinese if they originate from foreign countries.

2. Processing Time:

The review process usually takes between 9 to 12 months from the date the appeal is filed. However, complex cases may take longer.

3. Cost Of Filing The Appeal:

The official fee for filing a trademark review against a rejection in China is typically around 750 RMB (approximately $100 to $120 USD).

Additional Costs: If you hire a trademark agent or lawyer, there will be additional costs based on the complexity of the case and service fees.