How to Appeal a Partial Trademark Rejection in China

Facing a partial trademark rejection in China can be a daunting experience for any business owner or legal professional. Fortunately, with the right knowledge and strategy, you can turn this setback into an opportunity to protect your brand. In this comprehensive guide, we’ll break down everything you need to know about appealing a partial trademark rejection in China—from understanding why it happened to exploring your options and mastering the appeal process. With expert insights and practical steps, you’ll be equipped to navigate this challenge confidently.

Key Takeaways: What You Need to Know Right Away

Before diving into the details, let’s start with a quick snapshot of the essentials. This table highlights the critical points about partial trademark rejections in China, giving you immediate value and a clear starting point.

These key takeaways provide a foundation for what’s ahead. Whether you’re short on time or just need the basics, this table has you covered. For more in-depth advice, keep reading as we explore each aspect step-by-step. Curious about costs or timelines? Check out YCIP’s guide on trademark registration fees for additional insights.

Why This Matters for Your Business

A partial rejection doesn’t mean your trademark journey is over—it’s a chance to refine your strategy. With China being one of the world’s largest markets, securing your brand here is crucial. The process may seem complex, but with the right approach, you can protect your intellectual property and stay competitive.

What Is a Partial Trademark Rejection in China?

A partial trademark rejection in China occurs when the China National Intellectual Property Administration (CNIPA) approves some parts of your trademark application but rejects others. This split decision often leaves applicants confused, but understanding it is the first step to taking action.

Definition and Example

In simple terms, a partial rejection means that while some goods or services in your application are accepted, others are denied registration. For instance, imagine you apply to register your brand “TechTrend” for both smartphones and clothing. The CNIPA might approve it for smartphones but reject it for clothing if a similar mark already exists in that category. You’d receive a rejection notice detailing the refused portions and the reasons why.

This happens because China uses a detailed subclass system under the Nice Classification, which divides goods and services into specific categories. Even a unique mark can face rejection if it overlaps with an existing registration in a related subclass. For a deeper dive into this system, see YCIP’s trademark search guide.

How It Differs from a Full Rejection

Unlike a full rejection, where your entire application is denied, a partial rejection lets you move forward with the accepted parts while addressing the rejected ones. This distinction offers flexibility—you can either appeal the rejection or split your application. It’s a common scenario in China, where the trademark landscape is crowded with over 47 million registered marks as of May 2024.

Legal Basis

The process is governed by Article 32 of the Trademark Law of the People’s Republic of China, which allows applicants to appeal CNIPA decisions. This legal framework ensures you have a chance to fight for your brand, provided you act within the rules.

Why Was My Trademark Partially Rejected?

Knowing why your trademark was partially rejected is essential for deciding your next move. The CNIPA doesn’t reject applications randomly—there are specific reasons rooted in law and practice. Let’s break down the most common causes and back them up with data.

Common Reasons for Rejection

• Similarity to Existing Marks: If your mark resembles an existing registered or pending trademark for similar goods, it’s likely to be rejected. For example, “TechTrend” might be too close to “TechTrendz” for electronics.
• Classification Issues: China’s subclass system can trip up applicants. Even a distinct mark might be rejected if it’s in a subclass deemed too close to another mark’s category.
• Lack of Distinctiveness: Generic or descriptive marks (e.g., “Shoes” for footwear) are often refused because they don’t stand out.
• Legal Violations: Marks that mislead consumers or violate public order, as outlined in Article 10 of the Trademark Law, are rejected. For instance, a mark suggesting a product’s origin that isn’t true would fail.

Understanding these reasons helps you pinpoint where your application went wrong. For more on rejection causes, explore YCIP’s guide to rejection reasons and solutions.

Statistics on Rejection Rates

Rejections are more common than you might think. In 2022, about 14.4% of trademark applications in China faced partial rejection, while 33.6% were fully refused. This data, sourced from Woodburn Global, underscores the competitive nature of China’s trademark system. With nearly 2.877 million applications filed from January to May 2024 alone (a 3.9% increase from 2023), the stakes are high.

What This Means for You

These statistics highlight the importance of a strong application from the start. A partial rejection isn’t the end—it’s a signal to refine your approach. Whether it’s similarity or classification issues, addressing the root cause is key. If you’re unsure about your rejection notice, Peter H. Li and our team at Yucheng IP Law can help you decode it and plan your next steps.

Your Options: Appeal or File a Divisional Application

When you get a partial trademark rejection in China, you don’t have to give up. Instead, you have two smart choices to keep your brand safe. You can either appeal the rejection or file a divisional application. Let’s explore both options so you can pick the best one for your situation.

What Does Appealing Mean?

Appealing is when you ask the Trademark Review and Adjudication Board (TRAB) to rethink the China National Intellectual Property Administration’s (CNIPA) decision. Basically, you’re saying, “Hey, I think you got this wrong—let me show you why my trademark should be approved.” You have to do this within 15 days of getting the rejection notice. It’s a great option if you believe your mark is unique and deserves to be registered fully.

Appeals can take 6 to 12 months, but they give you a chance to fight for all your goods or services. To learn more about what happens during an appeal, check out YCIP’s timeline guide.

What’s a Divisional Application?

A divisional application is like splitting your application into two parts. You let the accepted goods or services move forward to registration while you deal with the rejected ones separately. This is super helpful if you want to protect some of your brand right away without waiting for an appeal. It’s also done within 15 days and follows Article 22 of the Regulations for the Implementation of the Trademark Law.

For example, if “TechTrend” is okay for smartphones but not clothing, you could register the smartphone part now and appeal the clothing part later. This sneaky trick saves time!

Which Should You Choose?

Here’s a quick list to help you decide:

• Appeal Pros: Fight for everything; could win full approval.
• Appeal Cons: Takes longer; might not work.
• Divisional Pros: Fast protection for approved parts; less delay.
• Divisional Cons: Extra fees; doesn’t fix the rejected parts.

Not sure which fits your needs? Our team at Yucheng IP Law can guide you through this choice with expert advice tailored to your case.

How to Appeal a Partial Rejection: Step-by-Step Guide

Ready to appeal your partial trademark rejection in China? Don’t worry—it’s simpler than it sounds when you break it down into steps. This guide walks you through the process like a map, so you know exactly what to do and when. With a little effort, you’ll be on your way to challenging that rejection.

Step 1: Get the Rejection Notice

First, you’ll receive a notice from the CNIPA explaining why part of your trademark was rejected. This paper is super important because it tells you what went wrong—like if your mark is too similar to another one. Keep it safe, as you’ll need it later. Want to understand your notice better? Read YCIP’s guide on rejection notices.

Step 2: File Your Appeal Within 15 Days

Next, you have just 15 days to file your appeal with the TRAB. This deadline is strict—if you miss it, you’re out of luck. If you’re not in China, you’ll need a local agent to file for you, as required by law. Our expert Tony Xu can handle this smoothly if you need litigation support.

File online or through your agent, and make sure everything’s in Chinese. This step is backed by Article 32 of the Trademark Law, which gives you this tight window to act.

Step 3: Gather and Submit Your Documents

Now, collect your papers. You’ll need the rejection notice, a form explaining why you disagree, and evidence—like sales receipts or ads showing your mark is special. If you’re from outside China, some documents might need to be notarized. Submit everything to TRAB with your appeal. For tips on evidence, see YCIP’s evidence guide.

Step 4: Wait for the Decision

Finally, TRAB reviews your case, which takes 6 to 12 months. They might hold a hearing, or they’ll just look at your papers. You’ll either win (yay, your mark gets approved!) or lose (but you can still appeal to the Beijing IP Court within 30 days). Track your appeal’s progress with YCIP’s status guide.

Why Follow These Steps?

Sticking to this plan keeps you organized and on time. Missing a step could mean losing your chance to save your trademark. Need help? Contact us at Yucheng IP Law—we’ve filed thousands of trademarks and know this process inside out, as shown in our track record.

Deadlines and Rules You Need to Know

When appealing a partial trademark rejection in China, timing and rules matter a lot. Missing a deadline or breaking a rule can stop your appeal before it even starts. So, let’s go over the key deadlines and requirements to keep you on track.

The Big Deadline: 15 Days

You have exactly 15 days from the day you get the CNIPA rejection notice to file your appeal with the Trademark Review and Adjudication Board (TRAB). This rule comes from Article 32 of the Trademark Law. If you miss it, your chance to appeal is gone, and the rejection sticks. So, act fast! Need help meeting this deadline? Our team at Yucheng IP Law can jump in quickly.

Rules for Filing

There are some must-follow rules too. First, everything has to be in Chinese—forms, evidence, everything. Second, if you’re not in China, you need a local agent to file for you. This isn’t optional—it’s the law. Third, your appeal goes to TRAB, not back to CNIPA. These rules make sure the process is fair and organized. For more on filing rules, check out YCIP’s filing guide.

Why These Rules Exist

The 15-day deadline and strict rules protect China’s busy trademark system. With over 2.87 million applications in just the first five months of 2024, things need to move fast and smoothly. Following these rules shows you’re serious about your appeal. If you’re worried about the details, our Tingfei Wang specializes in tricky cases like this.

Documents You’ll Need for an Appeal

Filing an appeal isn’t just about saying you disagree—you need the right papers to back it up. Gathering these documents can feel like a treasure hunt, but it’s worth it to save your trademark. Here’s what you need to collect.

The Must-Have List

Here’s a simple list of what TRAB expects:

• Rejection Notice: The original notice from CNIPA showing what was rejected.
• Appeal Form: A form where you explain why CNIPA was wrong.
• Evidence: Proof your mark is special—like sales receipts, ads, or customer reviews.
• Power of Attorney: A signed paper letting your agent file for you (needed if you’re foreign).

These documents tell your story to TRAB. Want tips on building a strong case? See YCIP’s evidence guide.

Extra Steps for Foreigners

If you’re not from China, there’s more work. Your power of attorney might need to be notarized (checked by a legal official) and legalized (approved by a Chinese embassy). This can take time, so start early. Our guide for foreign companies explains this in detail.

Why Documents Matter

Good documents can make or break your appeal. For example, showing sales data might prove your mark isn’t confusing with another one. With over 47 million trademarks registered in China by May 2024, strong proof sets you apart. Need help collecting these? Contact us at YCIP’s quote form for a quick start.

What Happens During the Appeal Process?

Once you’ve filed your appeal, what’s next? The appeal process can feel like a waiting game, but knowing what happens behind the scenes makes it less mysterious. Let’s walk through it.

The TRAB Review

After you submit your appeal, TRAB takes over. A group of experts looks at your papers and decides if CNIPA was right or wrong. This takes 6 to 12 months because they’re super careful—China handles millions of trademarks! Sometimes, they might ask you to talk in a hearing, but usually, they just read what you sent. Curious about timelines? Check YCIP’s timeline guide.

Possible Outcomes

There are two main results:

1. You Win: TRAB says yes, and your rejected parts get approved for registration.
2. You Lose: TRAB agrees with CNIPA, but you can still fight by appealing to the Beijing IP Court within 30 days, per Article 46 of the Trademark Law.

Either way, you’ll know where you stand. For differences between TRAB and court appeals, see YCIP’s comparison guide.

What to Do While Waiting

While TRAB works, keep an eye on your case with YCIP’s status checker guide. You could also start using your approved parts if you filed a divisional application. Patience is key here—good things take time!

Top Tips to Win Your Appeal

Winning an appeal isn’t just luck—it’s about being smart and prepared. These tips can boost your chances of turning a rejection into a victory. Let’s make it easy to follow.

Tip 1: Know the Rejection Reason

First, really understand why CNIPA said no. Is it similarity? Lack of uniqueness? Match your evidence to that reason—like showing ads to prove your mark stands out. Our rejection solutions guide can help you figure this out.

Tip 2: Use Strong Evidence

Next, bring your best proof. Sales numbers, customer feedback, or even a survey showing people know your brand can sway TRAB. The more you show your mark’s worth, the better. Learn how at YCIP’s application guide.

Tip 3: Get Help from Pros

Finally, don’t go it alone—especially if you’re new to China’s rules. A lawyer can spot mistakes and make your case stronger. At Yucheng IP Law, we’ve helped tons of clients win appeals, as our testimonials show. Reach out to Peter H. Li for expert trademark advice.

Why These Tips Work

These steps tackle the biggest hurdles in appeals—weak arguments and missed chances. With China’s 14.4% partial rejection rate in 2022, standing out is tough, but possible with the right plan.