How long do I have to respond to a CNIPA office action or refusal?

For domestic applications, the standard response window is 30 days from the date of service, though some notice types allow up to two months. For IR provisional refusals, the deadline is typically 30 days from the date of WIPO notification. Always check the specific notice for the exact deadline.

What documents and evidence does CNIPA accept to overcome a refusal?

CNIPA accepts evidence of use (invoices, customs records, advertising materials), evidence of reputation (media coverage, awards, sales data), consent or coexistence agreements from cited mark owners, declarations from company officers, and photographs showing brand placement on goods. All foreign-language materials must be translated into Chinese.

If CNIPA maintains the refusal, how do I appeal to TRAB?

File a review application with TRAB within 15 days of receiving the refusal decision, as specified by Article 34 of the Trademark Law. The application should include your legal arguments, supporting evidence and the applicable official fee. TRAB typically issues a decision within 9–12 months.

What happens if I miss a response deadline?

If you miss the deadline for a formality correction, the application is generally deemed withdrawn. If you miss the deadline for responding to a substantive refusal or for filing a TRAB appeal, the refusal becomes final. Reinstatement is available only in narrow circumstances, such as documented force majeure events.

When should I engage a local trademark attorney?

Immediately upon receiving a CNIPA office action or WIPO provisional refusal notification. Response windows are short, often 15 to 30 days, and gathering evidence, drafting arguments and completing translations all take time. Engaging counsel on day one maximises your chances of filing a strong, complete response. Find a trademark lawyer (China) through the Global Law Experts directory.

Does a TRAB appeal suspend the refusal?

Filing a TRAB review application prevents the refusal from becoming final while the review is pending. The mark remains unpublished and unregistered during the TRAB proceedings, but the application is preserved. If TRAB overturns the refusal, the application proceeds to publication.

How To Respond To A Trademark Refusal In China

Understanding how to respond to a trademark refusal in China is critical for any brand owner, domestic or foreign, that receives an office action from the China National Intellectual Property Administration (CNIPA). A refusal does not end your application; it opens a structured window in which you can amend the mark, submit evidence of use, narrow goods and services, or appeal to the Trademark Review and Adjudication Board (TRAB). This guide sets out the complete procedure, from initial triage through to judicial review, together with the deadlines, required documents, costs and practical implications of the draft Trademark Law amendment circulated in late 2025 for applicants responding to CNIPA refusal reasons in 2026.

Last reviewed: 7 June 2026. This article reflects the Trademark Law of the People’s Republic of China as amended up to 23 April 2019 and the draft fifth amendment released for public comment in December 2025. Readers should verify all deadlines and fees against the specific CNIPA notice they have received and consult a locally qualified agent before filing.

Overview of the Process and Who It Applies To

When CNIPA examines a trademark application, it may issue one of several official notices. Each notice type triggers different response options and deadlines. The governing statute is the Trademark Law of the People’s Republic of China (promulgated 1982; last amended 23 April 2019, in force 1 November 2019). Applicants who filed through the Madrid System (an international registration, or “IR”) receive a provisional refusal routed through WIPO, which carries its own procedural timeline.

Types of Official Notices

Examination opinion (补正通知书). CNIPA requests corrections or supplementary materials, typically formalities such as unclear specimens or classification issues.
Provisional refusal of an IR designation (驳回通知书, IR). Issued via WIPO to the holder or representative on record. May cite absolute grounds (e.g., descriptiveness, generic terms) or relative grounds (conflict with an earlier mark).
Rejection decision (驳回决定). A full refusal of a domestic application on absolute or relative grounds, or both. This is the formal decision that triggers the right to request review by TRAB.

Foreign applicants and enterprises without a domicile or business establishment in China must appoint a locally qualified trademark agent to handle all CNIPA filings, including responses to office actions. This agent requirement is mandated by Article 18 of the Trademark Law. For IR holders, the representative recorded at WIPO receives the provisional refusal, but any substantive response to CNIPA must still be filed through a Chinese agent.

Eligibility and Prerequisites for Responding to a Trademark Refusal in China

Before drafting a response, confirm that the following prerequisites are in place. Omitting any of them can render a filing procedurally invalid or, worse, cause you to miss a deadline entirely.

Agent and Representative Requirements

Power of Attorney (POA). A signed or sealed POA authorising your Chinese trademark agent must be on file with CNIPA. If you have changed agents since filing, a new POA and a change-of-agent recordal are required before any response can be submitted.
Local address for service. CNIPA will direct all correspondence to the agent’s registered address. Ensure the agent’s contact details are current.
Corporate seal or signature. The POA must bear the applicant’s corporate seal (for Chinese entities) or a duly authorised signature (for foreign entities). Some agents also require a notarised and legalised POA for overseas applicants.

Industry observers expect the draft 2026 amendment to increase agent accountability, agents may face administrative sanctions if they file responses containing materially misleading evidence. The likely practical effect will be more rigorous internal vetting by agents before submission.

Check Registration Type: Domestic vs. IR

This distinction matters because the response channel, the deadline calculation and the available post-refusal options differ significantly:

Domestic applications. Responses are filed directly with CNIPA via its electronic filing platform (中国商标网) or in paper form at the CNIPA office in Beijing.
International registrations (Madrid System). The provisional refusal is notified through WIPO. Your response, however, must still be filed with CNIPA through a local agent, not through WIPO. Deadlines run from the date WIPO issues the notification to the holder or representative.

Step‑by‑Step: How to Respond to a CNIPA Office Action or Refusal

The following procedure applies to both domestic refusals and IR provisional refusals, with channel-specific notes where the two diverge. Each step begins with an action verb and states the responsible party and indicative timing.

Step	Who Does It	Typical Duration
1. Triage & deadline verification	Applicant’s trademark counsel / agent	0–3 days from receiving notice
2. Strategy decision (amend / evidence / withdraw)	Applicant + counsel	3–7 days
3. Prepare & submit response (arguments, amendments, evidence)	Local agent / counsel	7–21 days drafting; file within CNIPA/WIPO deadline (see Timeline section below)
4. CNIPA examination review of response	CNIPA examiner	2–6 months (varies)
5. If refused → request review / appeal to TRAB	Applicant / counsel	File within statutory appeal period (see Timeline section below)
6. Judicial review (after TRAB decision)	Counsel / litigation team	Additional months to years (varies by court)

Step 1, Confirm the Notice Type, Check the Service Date and Record Deadlines (Days 0–3)

Obtain an electronic copy of the CNIPA notice from your agent immediately. Identify whether the notice is a formality correction request, a provisional refusal (IR) or a full rejection decision. Record the date of service (stamped on the notice for domestic filings) or the date of WIPO notification (for IR holders). Calculate the response deadline and diarise it with a buffer of at least five working days before expiry.

Outcome: A confirmed deadline, a classified notice type and all parties notified.

Step 2, Decide on Response Strategy (Days 3–7)

Review the examiner’s cited grounds and decide which post‑refusal options to pursue. The main strategies are:

Amend the mark. Modify non-distinctive elements (if permitted) to overcome an absolute-grounds objection. Note: amendments that alter the mark’s essential character are not allowed.
Narrow goods or services. Delete conflicting items from the specification to avoid a relative-grounds citation. This can be effective when the cited earlier mark covers only a narrow subset of your goods.
Submit evidence of use and reputation. Demonstrate acquired distinctiveness or secondary meaning through sales data, advertising spend, media coverage and market surveys. This is particularly important for descriptive marks or where coexistence is argued.
Negotiate a consent or coexistence agreement. Contact the owner of the cited earlier mark and negotiate a consent letter or formal coexistence agreement.
Withdraw and re-file. If the mark is unsalvageable in its current form, consider withdrawing and filing a revised application. This avoids an adverse CNIPA decision on the record.

Outcome: A documented strategy, approved by the applicant, with an evidence-collection plan and drafting instructions issued to the local agent.

Step 3, Prepare and File the Substantive Response (Days 7–30)

Draft a structured response that addresses every ground cited by the examiner. A typical response bundle is organised as follows:

Cover letter identifying the application number, notice reference and applicant details.
Legal arguments, cite the relevant articles of the Trademark Law and the Regulations for the Implementation of the Trademark Law, addressing each examiner objection point by point.
Evidence bundle with an index, each exhibit numbered, translated into Chinese where necessary, and accompanied by a brief explanatory note linking the evidence to the goods or services at issue.
Amended specification of goods/services (if narrowing).
Consent letter or coexistence agreement (if applicable), translated and notarised.
Updated Power of Attorney (if the agent has changed).

File the response via CNIPA’s electronic filing system for domestic applications. For IR provisional refusals, file the response with CNIPA through your local agent, do not send it to WIPO.

Outcome: A complete, evidence-supported filing submitted before the deadline, with an acknowledgement receipt from CNIPA or the agent’s filing confirmation.

Step 4, File for Review or Prepare a TRAB Appeal (if a Rejection Decision Is Issued)

If CNIPA issues a formal rejection decision, whether after examining your response or as the initial decision, you may apply to TRAB for a review (复审). Under Article 34 of the Trademark Law, an applicant who disagrees with a refusal decision may apply to TRAB for review within the statutory filing period from the date of receipt of the notice.

For IR holders, a common practice is to file a “pro forma” appeal to TRAB immediately upon receiving the provisional refusal, thereby preserving the right to submit further evidence and arguments during the TRAB review proceedings. This is important because the initial window for responding to the provisional refusal is short, and evidence gathering may take longer.

Outcome: A timely TRAB review application filed within the statutory deadline, preserving the applicant’s right to a substantive re-examination.

Step 5, Post‑Decision Options if CNIPA Maintains the Refusal

If TRAB upholds the refusal, the applicant has further recourse:

Appeal to TRAB. If the refusal was maintained at examination level and you have not yet sought TRAB review, file the TRAB application as described above.
Judicial review. Under Article 34 of the Trademark Law, an applicant dissatisfied with the TRAB decision may institute proceedings before the Beijing Intellectual Property Court within 30 days from the date of receipt of the TRAB decision.
Re-file with a different mark. If the legal and evidentiary prospects are poor, consider filing a new application with a modified mark, potentially incorporating distinctive elements that address the examiner’s concerns.

Outcome: A clear next step, appeal, litigate or re-file, documented in writing with the client.

Required Documents and Information for Responding to a Trademark Refusal in China

The strength of your response depends heavily on the quality and completeness of your evidence. The table below lists the documents needed for most CNIPA office action responses, together with formatting and authentication notes.

Document	Notes
Power of Attorney (POA)	PDF bearing the applicant’s signature or corporate seal. If previously filed, confirm it remains current and covers the response proceedings.
Copy of CNIPA office action / examiner’s citation	Reference the examiner’s exact wording and paragraph numbers in your response.
Evidence of use in China, invoices, purchase orders, customs records, advertising materials	All items must be dated. Attach an explanatory cover letter linking each exhibit to the relevant goods or services. Prefer originals or verified copies; translate into Chinese and notarise where required.
Evidence of reputation / secondary meaning	Media articles, industry awards, sales figures, marketing expenditure, dated social-media screenshots. Provide context and approximate valuations.
Assignment / ownership documents	Notarised assignment agreements; recordal with CNIPA if an ownership change has occurred since filing.
Consent / coexistence agreement	Signed and dated by the owner of the cited earlier mark, translated into Chinese, notarised.
Translations	Official Mandarin translations of all foreign-language evidence, prepared by a professional translator.
Notarisation / apostille	Required for overseas documents. State the issuing authority and attach a certified translation.
Declaration / affidavit from company officer	Signed and (where required) notarised. Set out facts of use, sales channels and duration of use.
Samples / photographs	High-resolution images showing brand placement on goods, packaging or point-of-sale materials.

For absolute-grounds refusals (descriptiveness, generic character), evidence of use is critical, focus on volume of sales, geographic reach within China and duration of continuous use. For relative-grounds refusals (conflict with an earlier mark), a consent or coexistence agreement from the cited owner, combined with evidence that the two marks coexist peacefully in the marketplace, is often the most persuasive approach.

Timeline and Key Deadlines for Responding to a Trademark Refusal in China

Deadlines are strictly enforced. Missing a response window generally results in the application being deemed withdrawn or the refusal becoming final, with limited options for reinstatement. The table below summarises the key deadlines. Always verify the exact deadline stated on the CNIPA notice or WIPO notification you have received, as timeframes can vary by notice type.

Action	When the Clock Starts	Deadline / Typical Window
Respond to a CNIPA domestic office action (formality correction)	Date of service stamped on the CNIPA notice	30 days (standard); some notice types allow up to 2 months, check the specific notice
Respond to a WIPO IR provisional refusal	Date of WIPO notification to the holder / representative	30 days from the date on the WIPO notification (confirm on the notice)
Apply to TRAB for review of a domestic refusal decision	Date of receipt of the CNIPA refusal decision	15 days from receipt (Article 34, Trademark Law)
Institute judicial review proceedings (after TRAB)	Date of receipt of the TRAB decision	30 days from receipt (Article 34, Trademark Law)
TRAB examination and decision	Date of TRAB acceptance of the review application	Typically 9–12 months; can be longer for complex cases

IR-specific note: Because the 30-day response window for an IR provisional refusal is short, many practitioners file a pro forma appeal to TRAB to preserve the holder’s rights while additional evidence is being gathered. Early indications suggest that this tactic will remain effective under the draft 2026 amendment, but applicants should monitor CNIPA guidance for any changes to evidence-submission windows during TRAB proceedings.

If you miss a deadline, the consequences are typically final: the application is treated as abandoned (for formality corrections) or the refusal becomes conclusive (for substantive refusals). Limited reinstatement options exist only in narrow circumstances, for example, force majeure events, and require documentary proof. The safest course is to diarise the deadline with a buffer and instruct your agent the day you receive the notice.

Costs, Fees and Tax Considerations

The cost of responding to a CNIPA refusal varies widely depending on the complexity of the case, the volume of evidence and whether a TRAB appeal or judicial review is necessary. The table below provides indicative ranges. All official fees should be confirmed against the current CNIPA fee schedule before filing.

Item	Typical Amount (Guidance)	Notes
Official fee for responding to a CNIPA office action	RMB 0 – modest official fee (varies by notice type)	Some formality corrections carry no official fee; substantive responses may. Check the CNIPA fee schedule.
TRAB review / appeal official fee	RMB 750 per class (indicative; verify current schedule)	Payable at the time of filing the TRAB review application.
Local agent fee to prepare the response	USD 500 – 4,000	Wide range depending on complexity, evidence volume and whether TRAB or court proceedings are involved. Request a written fee estimate.
Translation / notarisation / apostille	USD 50 – 500 per document	Depends on document length, language pair and notarisation requirements.
Evidence collection (market reports, customs records, surveys)	USD 500 – 5,000+	Complex evidence bundles involving market surveys or expert reports will be at the higher end.

Agent fees are typically quoted as fixed-fee packages for a standard response, with separate quotes for TRAB appeals and court proceedings. VAT (value-added tax) applies to agent services in China at the standard rate. Foreign applicants should also factor in the cost of translating and notarising evidence generated outside China.

What Changes in 2026: Draft Trademark Law Amendment

In December 2025, the National People’s Congress released a draft of the fifth amendment to the Trademark Law for public comment. While the draft has not yet been enacted, its key proposals are already shaping practitioner strategy for responding to trademark refusals in China.

Stricter evidence-of-use requirements. The draft introduces provisions that would allow CNIPA to impose fines or revoke registered trademarks used in a way that misleads the public. The likely practical effect will be greater scrutiny of use-evidence submitted during examination and TRAB proceedings, applicants should ensure all evidence is authentic, accurately dated and clearly linked to the goods or services at issue.
Increased agent accountability. Agents may face administrative penalties for filing applications or responses that contain false or misleading information. Industry observers expect agents to conduct more rigorous internal reviews before submission, which may increase preparation time and fees.
Enhanced sanctions for bad-faith applications. The draft reinforces the bad-faith filing provisions introduced in the 2019 amendment, adding further grounds for refusal and cancellation. Applicants whose marks are perceived as filed in bad faith, such as stockpiling marks without genuine intent to use, face a higher risk of refusal at the examination stage.
Possible new procedural timelines. Early indications suggest the final enacted law may adjust certain filing windows and evidence-submission periods. Until the law is finalised, applicants should continue to observe current statutory deadlines while monitoring CNIPA announcements for updates.

The practical takeaway: start collecting and organising evidence of use early, vet all filings for accuracy before submission, and work with an agent who understands the evolving regulatory landscape.

Common Pitfalls When Responding to a CNIPA Trademark Refusal, and How to Avoid Them

Missing the deadline. The single most common, and most damaging, mistake. Diarise the deadline with a five-day buffer the moment you receive the notice, and confirm your agent has acknowledged it.
Submitting weak or undated evidence. Invoices without dates, screenshots without timestamps, or advertising materials without distribution data carry little evidentiary weight. Every exhibit should be clearly dated and linked to the relevant goods or services.
Failing to translate or notarise foreign-language documents. CNIPA requires Chinese-language translations of all evidence. Overseas documents generally require notarisation and, in some cases, legalisation or apostille. Submitting untranslated evidence is treated as if no evidence were submitted at all.
Ignoring IR-specific rules. IR holders sometimes attempt to respond through WIPO rather than filing directly with CNIPA through a local agent. This results in the response not being received by the examiner.
Relying on legal arguments alone without evidence. Examiners are persuaded by evidence. A response that argues only on legal grounds, without supporting use-evidence, consent letters or market data, is far less likely to succeed.
Using an expired or incorrect Power of Attorney. If your POA names a previous agent or has expired, the filing will be rejected on procedural grounds. Verify the POA status before every filing.

Conclusion

Knowing how to respond to a trademark refusal in China, and acting quickly, can be the difference between securing registration and losing rights in one of the world’s largest consumer markets. The process is procedurally demanding: strict deadlines, mandatory agent representation for foreign applicants, exacting evidence-of-use requirements and a multi-stage review and appeal structure that extends from CNIPA examination through TRAB and, if necessary, to the Beijing Intellectual Property Court. The draft 2026 Trademark Law amendment signals that these requirements will only become more rigorous, with higher evidentiary thresholds and increased accountability for agents and applicants alike.

Start by confirming the notice type and deadline, appoint a qualified local agent immediately, and build your evidence bundle from the first day. Whether you choose to amend, submit evidence, negotiate a consent agreement or file an appeal to TRAB, a structured, well-documented response filed within the deadline remains the strongest foundation for protecting your brand in China.

Need Legal Advice?

This article was produced by Global Law Experts. For specialist advice on this topic, contact Rainy Barlow at ABION CHINA, a member of the Global Law Experts network.