A refusal is common, especially for marks that look similar to earlier filings or are considered descriptive. It does not end your options, but the time limits are short and the best route depends on why the mark was refused.
Understand the reason first
Typical grounds are similarity to an earlier mark for similar goods, lack of distinctiveness, or a descriptive or misleading element. A search of the cited mark and its goods and services is the first step.
Your options
- Request review. You generally have fifteen days from receiving the refusal to ask the trademark office for a review. Arguments should address the cited mark directly.
- Administrative lawsuit. If you disagree with the review decision, you can sue before the Beijing IP Court, generally within thirty days.
- Reapply. A new application with a modified mark or narrower goods and services is sometimes quicker and more certain than a long dispute.
- Deal with the earlier mark. If the cited mark is unused, a non-use cancellation may clear the way. If it was filed in bad faith, invalidation may be possible.
Choosing a route
If the brand is already in use or your supply chain depends on it, speed and certainty matter most. If you can change the mark, reapplying may save time. We usually compare both before recommending a route.