When your response to CNIPA Office Actions is rejected, the fight is not over. China’s trademark system provides a robust appeal mechanism through the CNIPA Trademark Review and Adjudication Department (TRAD). This article explains the review and adjudication process, success rates, and strategic considerations for foreign applicants.

What Is the CNIPA Trademark Review and Adjudication Department (TRAD)?

The TRAD is the CNIPA department that reviews trademark examination decisions. It handles appeals from rejected Office Actions responses, as well as opposition decisions, invalidation requests, and non-use cancellation actions. TRAD examiners are generally more experienced and apply a more nuanced analysis than first-instance examiners.

When to Appeal an Office Actions Decision

Not every rejected Office Actions response should be appealed. Consider the following factors:

Strength of the Mark: If the mark is inherently distinctive or has strong evidence of acquired distinctiveness, an appeal is more likely to succeed.

Business Importance: If the mark is central to your brand strategy in China, the cost of an appeal is justified.

Likelihood of Success: TRAD statistics show that approximately 25-30% of appeals result in a reversal of the examiner’s decision. This is a meaningful success rate that justifies the effort in many cases.

Alternative Options: If you have alternative marks that could be filed more easily, consider whether pursuing the appeal is the best use of resources.

The TRAD Appeal Process

Step 1: File the Appeal

The appeal must be filed within 15 days of receiving the refusal decision. For foreign applicants, this deadline is typically extended, but prompt action is essential. The appeal is filed with the TRAD, not with the original examiner.

Step 2: Submit Arguments and Evidence

Within the appeal, you must submit detailed arguments and supporting evidence. This is your opportunity to present a more comprehensive case than was possible in the original Office Actions response. New evidence and arguments can be introduced at this stage.

Step 3: TRAD Examination

The TRAD examines the appeal de novo — meaning it reviews the case from scratch, not just the original examiner’s decision. This typically takes 6-12 months. During this period, the TRAD may issue additional Office Actions requesting clarification or further evidence.

Step 4: TRAD Decision

The TRAD issues a written decision either upholding or reversing the examiner’s refusal. If the appeal is successful, the application returns to the examination process for publication. If the appeal is rejected, the next step is judicial review.

Judicial Review: The Beijing IP Court

If the TRAD appeal is unsuccessful, you have the right to file a lawsuit with the Beijing Intellectual Property Court within 30 days of receiving the TRAD decision. The court reviews the legality of the TRAD decision, not the merits of the trademark application de novo. Judicial review adds 6-12 months to the timeline and requires representation by a Chinese-qualified attorney.

Success Rates and Strategic Considerations

Stage Approximate Success Rate Timeline
Initial Office Actions Response 50-60% 3-6 months
TRAD Appeal 25-30% 6-12 months
Beijing IP Court 15-20% 6-12 months

Conclusion

The TRAD appeal process provides a meaningful second chance for applications that receive unfavorable Office Actions decisions. While the success rate is lower than at the initial response stage, the cost is often justified for important marks. For foreign applicants, working with experienced Chinese IP counsel is essential to navigate this complex process effectively.

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Disclaimer: This article is for informational purposes only and does not constitute legal advice.