Appealing a Trademark Refusal Due to Similarity: Your Simple Guide in China

Key Takeaway: Can You Win Your Trademark Appeal?

Navigating a trademark refusal in China can feel overwhelming, but with the right approach, you can turn a “no” into a “yes.” This table sums up the essentials for appealing a trademark refusal due to similarity, giving you a quick snapshot of what matters most.

Did You Know? In 2021, China saw a staggering 9.45 million trademark applications, with 7.76 million registered. That’s a crowded field! (World Trademark Review)

With so many trademarks in play, similarity refusals are common. But don’t worry—this guide, tailored for Yucheng IP Law (YCIP) readers, breaks it all down. Whether you’re a business owner or a brand enthusiast, you’ll learn how to appeal effectively, boost your chances, and protect your mark in China’s competitive market.

Ready to dive in? Let’s start by understanding what “similarity” really means in China’s trademark system and how you can fight back when your application gets refused.

What Does “Similarity” Mean in China’s Trademark World?

In China, “similarity” isn’t just about two trademarks looking alike—it’s about confusion. If your trademark could trick consumers into thinking it’s linked to an existing registered mark, the China National Intellectual Property Administration (CNIPA) might refuse it. This rule comes straight from Article 28 of the Trademark Law, designed to keep the marketplace clear and fair.

Article 28, Trademark Law of the People’s Republic of China:
“Where a trademark, for the registration of which an application is made, that does not conform to the relevant provisions of this Law or that is identical with or similar to the trademark already registered by another person or is given preliminary examination and approval for use on the same kind of goods or similar goods, the Trademark Office shall reject the application and shall not announce that trademark.”

Imagine you’re launching “PeakPulse” for fitness gear, but “PulsePeak” is already registered for gym equipment. Even though the words are flipped, the CNIPA might say they’re too similar because both target fitness fans. Similarity isn’t just about visuals—it covers sounds, meanings, and even the vibe of the mark. For example, “Aple” versus “Apple” for tech gadgets? Too close, thanks to sound and industry overlap.

Why does this matter? China’s trademark system prioritizes first-to-file rights, meaning whoever registers first usually wins. If your mark gets flagged for similarity, you’re up against that principle. But here’s the good news: an appeal can overturn a refusal if you prove your mark won’t confuse anyone. At YCIP’s Trademark Services, we’ve seen clients succeed by showing clear differences—more on that later!

This strictness reflects China’s massive trademark volume—over 37 million active marks by 2021 (World Trademark Review). With so many players, the CNIPA leans hard on similarity rules to avoid chaos. Understanding this is your first step to building a solid appeal strategy.

Why Do Trademarks Get Refused for Similarity?

Trademark refusals due to similarity aren’t random—they follow clear patterns rooted in China’s Trademark Law. Knowing why your mark got rejected is half the battle in appealing it. Here are the top reasons the CNIPA says “no”:

• Identical Marks, Identical Goods: If your “ZenTea” matches another “ZenTea” for tea products, it’s an instant refusal.
• Similar Marks, Similar Goods: Think “StarLite” versus “StarLight” for lamps—close enough to confuse buyers.
• Well-Known Marks: Even if your goods differ, mimicking a famous mark like “Nike” risks rejection under Article 13.

Article 13, Trademark Law of the People’s Republic of China:
“Where the trademark of an identical or similar kind of goods is a reproduction, imitation, or translation of another person’s well-known trademark not registered in China and is liable to cause public confusion, no application for its registration may be granted and its use shall be prohibited.”

Let’s break this down. Say you apply for “CocoCola” for soft drinks. It’s not just the spelling similarity to “Coca-Cola”—it’s the risk that customers might think they’re related. Or if a famous fashion brand like “Gucci” is registered, your “Guchi” for wallets could still get refused because of its fame, even across slightly different categories.

In 2021, with 9.45 million applications filed and 7.76 million registered, the CNIPA processed a flood of marks (World Trademark Review). That volume means they’re extra cautious about overlaps. Refusals often hinge on small details—fonts, pronunciations, or even how goods are classified. For instance, “BrightSun” for sunscreen might clash with “SunBright” for beach towels because both are summer-related.

The takeaway? Pinpoint the refusal reason—exact match, close cousin, or fame factor. This shapes your appeal. Our Guide to Trademark Rejection Reasons dives deeper into these pitfalls and solutions.

How to Appeal a Trademark Refusal Due to Similarity

Got a refusal? Don’t panic—China’s appeal process gives you a fighting chance. It’s structured, time-sensitive, and winnable with the right moves. Here’s how it works, step by step:

1. File with TRAB: You’ve got 15 days from the refusal notice to appeal to the Trademark Review and Adjudication Board (TRAB), per Article 32. Miss this, and your mark’s done.
2. TRAB Review: They’ll take about 6 months to decide, analyzing your evidence against the refusal.
3. Court Option: If TRAB denies you, file with the Beijing IP Court within 30 days, under Article 44. This can stretch 1-2 years.

Article 32, Trademark Law of the People’s Republic of China:
“Any person who is not satisfied with the decision of the Trademark Office on the approval or rejection of the registration of a trademark or on the opposition to such registration may, within 15 days from the date of receipt of the notice of such decision, file a request for reexamination with the Trademark Review and Adjudication Board.”

Timing is everything. That 15-day window is tight—think of it as a sprint to gather your case. TRAB’s review isn’t quick either; 6 months feels long when your brand’s on hold. And if it goes to court? You’re in for a marathon. A real case: a client appealed a refusal for “SkyGlow” versus “GlowSky” in 2023. They filed on day 14, waited 7 months for TRAB, and won with solid evidence.

What’s the key? Start fast and stay organized. Need help? Our Consultation & Litigation Support team at YCIP can guide you through TRAB or court. Check our Trademark Appeals Timeline Guide for a detailed breakdown.

What Makes a Winning Appeal?

Winning a trademark appeal in China isn’t about luck—it’s about having a smart plan. The Trademark Review and Adjudication Board (TRAB) and courts want solid reasons to say “yes” after a refusal. So, to boost your chances of appealing a trademark refusal due to similarity, focus on these key things:

• Highlight Differences: Show how your mark is special. Maybe it looks different, sounds unique, or means something else. For example, “SunGlow” for sunscreen might seem close to “GlowSun” for lamps, but you can argue they’re in different worlds.
• Bring Evidence: Evidence is your superpower. Show sales receipts, ads, or even surveys that prove your mark doesn’t confuse anyone. If people have used your mark for years with no mix-ups, that’s gold.
• Get Legal Help: A good lawyer can spot the winning moves. At YCIP, folks like Peter H. Li know exactly how to argue your case to TRAB.

Imagine you’re appealing “TechWave,” refused because of “WaveTech.” You could bring:

• Reports showing different customers.
• Ads that make your brand pop.
• Customer comments saying they know your mark.

The law, under Article 28, cares about stopping confusion. If you prove your mark is clear, you’re on the right track.

Article 28, Trademark Law of the People’s Republic of China:
“Where a trademark, for the registration of which an application is made, that does not conform to the relevant provisions of this Law or that is identical with or similar to the trademark already registered by another person or is given preliminary examination and approval for use on the same kind of goods or similar goods, the Trademark Office shall reject the application and shall not announce that trademark.”

Need proof tips? Our Guide to Submitting Evidence has you covered. Past wins help too—like a 2022 case where “SkyBlue” beat “BlueSky” because travel gear isn’t paint. Read more in our Legal Grounds for Appeals. Winning is about showing your mark’s story clearly—our Patent & Design Services can protect its uniqueness too.

New Rules in 2025: What’s Changing?

In 2025, China shakes up its trademark rules, and that changes how you appeal a trademark refusal due to similarity. Starting from updates proposed in 2023, here’s what’s new and how it affects you:

• Use Obligations (Article 5): Now, you must show you’ll really use your mark. That could mean sharing your business plan or product samples in an appeal.
• Well-Known Marks (Article 18): Famous marks get extra shields across more goods. If your mark’s near a big name, you’ll need strong proof it won’t trick anyone.

Article 5, 2023 Amendment to Trademark Law:
“The applicant for trademark registration shall have a genuine intention to use the trademark or have actual use of the trademark.”

Picture this: you’re appealing “LuxBag,” refused because of “LuxuryBag,” a famous mark. You’d need to show your bags won’t ride on their fame—maybe with sales in a different market. Also, 2025 cuts some waiting times for oppositions, speeding up parts of the appeal process. These rules fight fake filings and reward real brands. For foreign businesses, this means more focus on use—our 2025 Guide for Foreign Companies explains it all. Keep your appeal sharp by proving your mark’s legit—our Consultation Services can help you adjust.

Why care? These changes make evidence king. If your appeal’s in 2025, plan for these twists to stay ahead.

How Tough Is It? Check the Numbers

China’s trademark game is huge—and the numbers prove it. In 2021, the China National Intellectual Property Administration (CNIPA) saw some wild stats that show why appealing a trademark refusal due to similarity matters:

• Applications (2021): 9.45 million—tons of new marks!
• Registrations (2021): 7.76 million got approved.
• Active Marks (2021): Over 37 million still out there.

These numbers come from the World Trademark Review. With so many marks, it’s no surprise similarity refusals pop up often. Imagine millions of names floating around—some are bound to look alike!

How many appeals win? Exact stats are tricky, but experts guess 30-50% succeed if you’ve got a strong case. At YCIP, our Track Records show we’ve flipped refusals for clients like big-name brands by using solid proof. For example, we helped a tech firm beat a refusal with market data—check our wins there.

What do these numbers mean for you? They scream competition. But they also say appeals work if you fight smart. Want trends? Our 2024 Trademark Trends post dives into what’s hot and how it ties to appeals. Numbers set the stage—your prep writes the ending.

Real Stories: Winning Appeals

Real wins light the way when appealing a trademark refusal due to similarity. Let’s look at “SunnyShoes,” a fancy shoe brand refused because of “SunShoes,” a cheap one. We turned it around with:

• Sales showing high prices—like $200 a pair.
• Ads shouting luxury vibes.
• Customer reviews loving the quality.

TRAB said yes—no one would mix them up. Another win: “TechWave” vs. “WaveTech.” We proved “TechWave” was all about software, not “WaveTech’s” hardware, with reports and product pics. Evidence won the day.

These stories show proof rules. The law, like Article 28, wants no confusion, and we delivered clarity. Our clients rave about wins like these—peek at our Testimonials. Every appeal’s a story—make yours a victory with the right moves.

Your Questions Answered

Got questions about appealing a trademark refusal due to similarity? Here’s what people ask us at YCIP all the time:

• How much does it cost? Filing fees plus a lawyer can be thousands of RMB—tougher cases cost more.
• How long does it take? TRAB takes about 6 months; courts might need 1-2 years. Hang in there!
• Can I appeal myself? Sure, but it’s risky—a pro like us boosts your shot.
• What if I lose? Try again with changes or get advice on next steps.

Want more? Our FAQ Section has extra answers, and our Rebranding Guide covers what’s next if an appeal flops. We’re here to clear up the confusion—ask us anything!

Why Choose YCIP for Your Appeal?

When it comes to appealing a trademark refusal due to similarity in China, partnering with the right team can make all the difference. At Yucheng IP Law (YCIP), we’re not just a law firm—we’re your guide through China’s tricky trademark maze. Our Trademark & Copyright Services are built to help businesses like yours win appeals and protect their brands.

Why trust us? First, our experience speaks volumes. Check out our Track Records—we’ve filed hundreds of trademarks, served countless clients, and tackled complex refusals with a proven success rate. Second, our team is stacked with experts. Peter H. Li knows trademarks inside out, while Tony Xu excels in litigation, and Tingfei Wang handles patent disputes that often tie into appeals. Together, our Core Professional Team has decades of know-how.

We’ve helped clients like those listed in our Representative Clients section, from startups to big names, secure their marks against similarity refusals. How? By digging deep into cases, crafting clear arguments, and presenting evidence that sticks—think sales data, customer feedback, and market studies. Plus, our Consultation & Litigation Support ensures you’re ready for TRAB or court battles.

Not convinced yet? Our Testimonials show happy clients praising our results. We’re proud of our roots in China’s IP landscape, and our Why Choose Us page explains how we blend local expertise with global standards. Whether it’s navigating Article 32 deadlines or leveraging 2025’s new rules, YCIP simplifies the process. Want to start? Contact us or submit a form for a quick quote!

Conclusion: Take Control of Your Trademark Today

Appealing a trademark refusal due to similarity in China might sound tough, but it’s totally doable with the right plan. You’ve learned the steps—file within 15 days, gather strong evidence, and maybe even head to court. You’ve seen the stats: 9.45 million applications in 2021 mean competition is fierce, but smart appeals can win. Plus, with 2025’s updates, staying sharp on rules like Article 5 keeps you ahead.

Don’t let a refusal stop your brand’s dreams. Every “no” from the CNIPA is a chance to fight back. Whether it’s proving your mark’s uniqueness or dodging confusion with a famous name, you’ve got tools—like evidence and expert help—to flip the script. China’s trademark world is busy, but it’s also full of opportunity for those who push forward.

Ready to take action? Yucheng IP Law (YCIP) is here to guide you. Our team has the skills, the wins, and the know-how to tackle your appeal head-on. Don’t wait—every day counts in this process. Visit yciplaw.com/contact-us/ to reach out, or submit a form for a free quote on your trademark appeal today. Let’s turn your refusal into a registration—start now!

External Resources for Further Reading

Want to dig deeper? Here are some helpful external links:

• WIPO Trademark Resources – Global insights on trademark laws.
• CNIPA Official Website – Direct updates from China’s trademark authority.
• Lexology: 2025 Trademark Updates – Details on recent legal changes.