China Trademark Rejection Reasons & Solutions: A Comprehensive Guide 2025
Quick Reference: Common Trademark Rejection Reasons & Solutions in China
| Rejection Reason | Legal Basis | Immediate Solution |
|---|---|---|
| Descriptiveness | Article 11(2) | Modify mark to add distinctive elements |
| Similar to Existing Mark | Article 30 | Appeal to argue for non-similarity, obtain consent letter or modify design |
| Misleading Nature | Article 10(7) | Revise to remove deceptive elements |
| Cultural Sensitivity | Article 10(8) | Conduct cultural review and modify |
| Lack of Distinctiveness | Article 11(3) | Add unique design elements |
Overview of China Trademark Rejection Statistics
Understanding China’s trademark rejection landscape is crucial for businesses planning to protect their intellectual property in the world’s second-largest economy. According to recent data from the China National Intellectual Property Administration (CNIPA), the trademark rejection rate remains notably high, highlighting the importance of proper preparation and expert guidance.
Key statistics worth noting:
- Annual Applications: In 2022, China received over 6.2 million trademark applications, demonstrating the massive scale of trademark activity in the country
- Rejection Rate: Approximately 51.6% of applications faced initial rejection in 2022, showing a slight increase from 51.4% in 2017
- Processing Time: Average registration time has improved to 7 months for straightforward applications
At YCIP Law, we’ve successfully handled over 2,000 trademark applications, maintaining a success rate significantly above the national average. Our track record shows that proper preparation and expert guidance can substantially increase your chances of success.
Top 5 Common Rejection Reasons in China
1. Descriptiveness (Article 11)
“Signs that only indicate the quality, main raw materials, function, use, weight, quantity or other features of the goods shall not be registered as trademarks.” – Article 11, Trademark Law of the People’s Republic of China
Descriptive marks face rejection because they lack distinctiveness. For example, using “Fresh” for fruit products or “Fast” for delivery services typically faces rejection.
2. Similarity to Existing Marks (Article 30)
“Where a trademark for which registration is applied is identical with or similar to another party’s trademark already registered or preliminarily approved for use on the same or similar goods, the Trademark Office shall reject the application.” – Article 30, Trademark Law of PRC
Filing an Appeal Against Similarity Rejection
When your trademark is rejected due to similarity with an existing mark, the primary solution is to file a review application arguing for dissimilarity. Here’s the strategic approach:
Key Arguments for Dissimilarity
- Visual Differences
- Analyze and highlight distinct design elements
- Demonstrate unique visual characteristics
- Present side-by-side comparisons
- Phonetic Differences
- Explain pronunciation variations
- Highlight tonal differences in Chinese characters
- Demonstrate different syllable structures
- Conceptual Differences
- Analyze different meanings and connotations
- Highlight distinct cultural references
- Demonstrate different commercial impressions
- Market Differentiation
- Present evidence of different target consumers
- Document different distribution channels
- Show price point differences
- Demonstrate different market positioning
Supporting Evidence for Appeal
- Market research showing consumer perception
- Expert opinions on trademark distinctiveness
- Evidence of successful coexistence in other markets
- Documentation of different trade channels
- Proof of established brand recognition
💡 Pro Tip: Success in similarity appeals often depends on the quality and comprehensiveness of your dissimilarity arguments. Our trademark experts can help build a strong case based on years of experience with similar appeals.
Alternative Strategies
While arguing dissimilarity is the primary approach, alternative strategies may include:
Considering concurrent use agreements in specific cases
Filing for different subclasses where appropriate
Seeking consent letters (as a backup strategy)
Modifying the mark while maintaining brand identity
3. Misleading Nature (Article 10.7)
“Those that are deceptive and likely to mislead the public regarding the quality, place of production or other characteristics of the goods shall not be registered as trademarks.” – Article 10.7
Marks suggesting unverifiable qualities or false origins face automatic rejection. For instance, using “Swiss” for watches not made in Switzerland.
4. Cultural Sensitivity (Article 10.8)
Marks that could have negative social impact or violate cultural norms face rejection. Our expert team, led by Peter H. Li, provides cultural sensitivity reviews to prevent such issues.
5. Lack of Distinctiveness (Article 11.2)
Generic terms or common patterns without distinctive features face rejection. This includes basic geometric shapes or standard industry terms without unique elements.
Practical Solutions for Each Type of Rejection
Addressing Descriptiveness
- Add Distinctive Elements: Combine descriptive terms with unique graphic elements or arbitrary words
- Stylization: Use unique font styles or design elements
- Evidence of Acquired Distinctiveness: Provide proof of extensive use and recognition in China
Overcoming Similarity Issues
- Letter of Consent: Obtain permission from the owner of similar mark
- Subclass Analysis: Consider filing in different subclasses
- Mark Modification: Add distinctive elements to differentiate from cited marks
For complex cases, our consultation and litigation support team provides specialized solutions tailored to your specific situation.
💡 Pro Tip: Consider filing a trademark search report through our quick quote system before submitting your application to identify potential conflicts early.
The Appeal Process in China
When facing a trademark rejection in China, understanding the appeal process is crucial. At YCIP Law, our experienced team, including Tingfei WANG and Tony XU, has successfully handled numerous appeal cases.
Timeline and Procedures
- Filing Deadline: 15 days from receipt of rejection notice for domestic applications; 30 days for international applications
- Review Period: Typically 12-18 months
- Possible Outcomes: Approval, partial approval, or maintained rejection
“Where an applicant for trademark registration is dissatisfied with the decision of the Trademark Office, the applicant may, within 15 days from receipt of the notice, file an application for review with the Trademark Review and Adjudication Board.” – Article 34, Trademark Law of PRC
Required Documentation
- Power of Attorney
- Evidence of use in China (if applicable)
- Market recognition evidence
- Supporting legal arguments
- Translations of foreign documents
Case Studies: Successful Trademark Registrations After Rejection
Case Study 1: Overcoming Descriptiveness Rejection
Challenge: A foreign technology company’s mark was rejected for being descriptive of their AI services.
Solution: Our team at YCIP helped modify the mark and provided extensive evidence of acquired distinctiveness through:
- Market survey data
- Sales figures in China
- Media coverage
- Consumer recognition evidence
Result: Successful registration after appeal
Case Study 2: Resolving Similarity Conflicts
Challenge: A retail brand faced rejection due to similarity with an existing mark in the same subclass.
Solution: Successfully negotiated a coexistence agreement and proved market differentiation.
Result: Trademark approved with consent letter
Pro Tips from YCIP Experts
Based on our extensive experience handling over 2,000 trademark applications, here are essential tips for success:
Preventive Measures
- Conduct Comprehensive Searches: Use our trademark search guide to identify potential conflicts
- File Early: China’s first-to-file system makes early registration crucial
- Consider Multiple Classes: File in relevant subclasses for broader protection
Common Mistakes to Avoid
- Filing without proper search
- Ignoring cultural sensitivity
- Using purely descriptive terms
- Missing appeal deadlines
Frequently Asked Questions
How long does the trademark registration process take in China?
The standard process takes approximately 9-12 months, though straightforward applications may be completed in 7 months. What are the costs involved in appealing a trademark rejection?
Appeal costs vary depending on complexity. Visit our trademark fee guide for detailed information. Can foreign companies file trademarks directly in China?
Foreign companies must file through a licensed Chinese trademark attorney. Learn more in our foreign companies guide.
Conclusion: Taking Action
Successfully navigating China’s trademark registration process requires expertise, attention to detail, and proper preparation. With a 51.6% rejection rate, professional guidance is crucial for success.
Ready to protect your trademark in China?
- ✅ Get a free quote for your trademark application
- 📞 Contact our experts for personalized guidance
