1. The Concept of Trademark Review of Refusal

Trademark Review of Refusal is a case in which the trademark applicant dissatisfies with the refusal decision made by the CTO, and appeal in front of TRAB according to article 32 of China Trademark Law, and TRAB make a decision according to the law.

2. Precondition of the Trademark Review of Refusal

1) Qualification, the applicant of Review of Refusal should be the same person whose trademark has been refused by the CTO.

2) Time limit, the applicant should appeal for review within 15 days from the receipt of Notification of Refusal issued by the CTO.

3. The grounds for Refusal

1) There are prior rights; there are prior applications of similar trademarks.

2) The trademark lacks distinctiveness, the trademark is the popular name of goods/services, or it indicates the function, usage and characters.

3) The trademark violates relevant prohibitions or has a bad effect, article 10 of China Trademark Law.

4. Decision.

TRAB would withdraw the refusal decision made by the CTO if it believes that the grounds of refusal are not established, and approve the trademark registration concerning refusal.

TRAB would maintain the refusal decision made by the CTO if it believes that the grounds of refusal are established. If the applicant dissatisfy with the decision made by TRAB, he could appeal in front of Court within 30 days from the receipt of this decision, according to the article 32(2) of China Trademark Law.

TRAB would partially withdraw the refusal decision and partially maintain the refusal decision if it believes that the grounds of refusal are partially established, and then approve part of the trademark registration concerning refusal. If the applicant dissatisfy with the decision made by TRAB, he could appeal in front of Court within 30 days from the receipt of this decision, according to the article 32(2) of China Trademark Law.

5. Notes.

1) The refusal doesn’t mean that the trademark could not be used and registered any more, the refusal is only the preliminary decision of CTO, the applicant could appeal against it in front of TRAB, and then could appeal against the decision of TRAB in front of Court.

2) The time limit for Review of Refusal is only 15 days. If applicant would like to maintain the refused trademark, he should appeal within the deadline and the envelope, namely, evidence of delivery, should be kept well.

3) Because the grounds for refusal are various, the evidence prepared for review are different too, we suggest the applicant to afford targeted evidence.