Can You Reapply After a Trademark Appeal is Denied in China? A Complete Guide for 2025
Navigating the trademark registration process in China can feel like a maze, especially if your appeal gets denied. But here’s the good news: a denial isn’t the end of the road! Whether you’re a foreign business or a local entrepreneur, reapplying for a trademark in China after an appeal denial is absolutely possible—and we’re here to help you every step of the way. This comprehensive guide for 2025 will walk you through the process, from understanding why appeals fail to crafting a winning reapplication strategy. We’ll cover key steps, costs, legal nuances, and expert tips, starting with a quick-reference takeaway table below.
Key Takeaway Table: Reapplying After a Trademark Appeal Denial in China
| Question | Answer |
|---|---|
| Can you reapply after a denial? | Yes, if you address the reasons for refusal. |
| Why are appeals denied? | Often due to similarity to existing marks, lack of distinctiveness, or procedural errors. |
| How long does it take to reapply? | Typically 9–12 months, similar to a new application. |
| What’s the cost? | Around CNY 300 per class official fee, plus legal fees. |
| Any success tips? | Research thoroughly, adapt your mark, and consult experts like Yucheng IP Law (YCIP). |
Ready to dive in? Let’s explore the ins and outs of trademark appeals and reapplications in China to protect your brand effectively.
Understanding Trademark Appeals in China
The Basics of the Appeal Process
Trademark registration in China falls under the Trademark Law of the People’s Republic of China (2019), a robust framework designed to protect intellectual property. When the China National Intellectual Property Administration (CNIPA) rejects your initial trademark application, you’re not out of options. The appeal process kicks off with a refusal notice from CNIPA, giving you a chance to fight back. You have 15 days from receiving this notice to file an appeal with the Trademark Review and Adjudication Board (TRAB), as stipulated in Article 32. If TRAB upholds the refusal, you can escalate the case to the Beijing Intellectual Property Court under Article 44. This multi-tiered system ensures fairness but demands precision at every step.
Legal Clause Spotlight:
Article 32 of the Trademark Law: “Where an applicant is dissatisfied with the decision of rejection of the trademark registration application by the Trademark Office, he may, within 15 days from receipt of the notification, apply to the Trademark Review and Adjudication Board for a review.”
China’s First-to-File System
China operates on a first-to-file principle, meaning the first entity to register a trademark secures the rights—regardless of prior use. This makes timely and accurate filing critical. By 2025, China boasts over 46 million registered trademarks, according to CNIPA statistics referenced in our China Trademark Search Guide 2025 (Source: CNIPA Official Data). For foreign businesses, this competitive landscape can be daunting without expert guidance. Our trademark services at YCIP are tailored to navigate these challenges seamlessly.
Why Appeals Matter
Appealing a refusal isn’t just about stubbornness—it’s about safeguarding your brand in a market where intellectual property theft is a real risk. A successful appeal can mean the difference between thriving and losing your market edge. Unsure where to start? Check out our Complete Guide to Trademark Registration in China for foundational insights.
What Happens When Your Trademark Appeal is Denied?
Immediate Consequences
When your appeal is denied by TRAB or the Beijing IP Court, your trademark application is officially dead in the water—at least for that round. This means no legal protection under China’s trademark system, leaving your brand exposed. Without registration, you can’t enforce exclusive rights against infringers. Worse, someone else could swoop in and register a similar mark, turning your hard work into their profit. Our guide on trademarked names dives deeper into these risks.
Can You Still Use Your Mark?
Technically, yes—you can continue using an unregistered mark. But here’s the catch: it’s a gamble. China’s first-to-file system prioritizes registered rights, so if a competitor registers a similar mark, they could sue you for infringement—even if you used it first. This vulnerability underscores why reapplying is often the smarter move. Learn more about protecting your brand with our brand protection guide.
The Silver Lining: Reapplication
A denied appeal isn’t a full stop; it’s a comma. You can reapply with a fresh application, provided you address the denial’s root causes. This process mirrors a new filing, taking 9–12 months, but it’s a chance to get it right. With over 46 million trademarks already registered by 2025 (CNIPA), standing out requires strategy. Our trademark expert Peter H. Li and the YCIP team have a proven track record of turning denials into approvals.
Steps to Reapply for a Trademark After Denial
Step 1: Analyze the Denial
First things first—dig into why your appeal failed. The refusal notice and TRAB decision will spell out the issues, whether it’s similarity to an existing mark or a procedural misstep. This step is non-negotiable; without understanding the problem, you’re shooting in the dark. Our CNIPA rejection notice guide can help you decode the feedback.
Step 2: Revise and Research
Next, tweak your trademark or application. Maybe it’s redesigning the logo, narrowing your goods/services list, or proving distinctiveness with new evidence. Then, run a fresh trademark search via CNIPA’s database to spot conflicts. Our search guide walks you through this critical step. Skipping it risks another rejection—and wasted time.
Step 3: File and Monitor
Submit your revised application with all ducks in a row—accurate forms, fees (around CNY 800 per class), and supporting documents. Post-filing, stay vigilant. Respond promptly to CNIPA office actions or oppositions. Need help? Our consultation and litigation support services, led by experts like Tony Xu, ensure you’re never caught off guard.
Stay tuned for the next section, where we’ll cover costs, legal considerations, and more. For now, explore our FAQ or contact us for personalized advice!
Costs and Timeframe for Trademark Reapplication
What Will It Cost?
Reapplying for a trademark in China isn’t free, but it’s not crazy expensive either. The basic fee is about CNY 800 per class of goods or services—like clothes or tech gadgets. If your trademark covers two classes, that’s CNY 1,600. This is what you pay the China National Intellectual Property Administration (CNIPA) to look at your new application. Want to know more details? Check our cost guide for 2025. But here’s a heads-up: if it gets rejected again, you don’t get that money back.
Extra Costs with Lawyers
You might want a lawyer to help—especially after a denial. Legal fees can add up to CNY 5,000 to 15,000, depending on how tricky your case is. At Yucheng IP Law (YCIP), we keep it clear and fair. Our trademark services can save you from mistakes that cost more later. Hiring pros like Peter H. Li is a smart move for a win.
How Long Does It Take?
Be ready to wait 9 to 12 months for your reapplication to go through. First, CNIPA checks it, then there’s a three-month period where others can object, and finally, you get approval if all’s good. But if someone fights it or CNIPA asks questions, it could take longer. In 2024, CNIPA saw 1.5 million applications, with 1.6 million expected in 2025 (WIPO 2024). Our timeline guide can help you plan.
Legal Considerations When Reapplying
No Limit on Tries
Here’s something cool: there’s no limit on how many times you can reapply in China. Each new application starts fresh, but you can’t just send the same thing again. You’ve got to fix what went wrong last time—like making your mark different. This gives you lots of chances to get it right. Want tips? Our application guide has you covered.
Smart Legal Tricks
To boost your odds, try these:
- Show New Proof: If your mark’s famous now, bring sales or ads to prove it under Article 14.
- Make It Smaller: List fewer things—like just “shoes” instead of “all clothes.”
- Change It Up: Tweak the design a bit.
Legal Clause Spotlight:
Article 14 of the Trademark Law: “A well-known trademark shall be recognized based on the request of the party concerned as a fact that needs to be determined in the handling of trademark cases.”
Watch Out for Squatters
Foreigners need to be extra careful. China’s first-to-file rule means whoever registers first wins, even if you used it first. Sneaky “trademark squatters” might grab your mark—CNIPA caught 482,000 bad-faith filings in 2021 alone (NatLawReview). Our licensing services can protect you from this mess.
Common Reasons for Trademark Appeal Denials in China
Too Much Like Another Mark
The biggest reason appeals fail is when your mark looks or sounds too much like one already taken. With 46 million trademarks by 2025 (CNIPA), it’s easy to bump into something similar. Think “HappyFeet” vs. “HappyFoot”—too close! Article 30 says no to that.
Not Special Enough
If your mark is boring—like “Good Food”—it might get a no under Article 11. It has to stand out, or you need proof it’s known. Our rejection solutions guide explains how to fix this.
Filed in Bad Faith
CNIPA hates it when people file just to mess with others—like copying “Nike” for fun. That’s banned under Article 4. Be honest, or you’re out. See our attorney guide for staying legit.
Legal Clause Spotlight:
Article 4 of the Trademark Law: “Any natural person, legal person or other organization that needs to obtain exclusive rights to a trademark for its goods or services shall apply for trademark registration.”
Breaking the Rules
Marks with stuff like China’s flag or tricky lies get shut down fast under Article 10. Keep it clean and simple—our services can steer you clear of these traps.
