Receiving a CNIPA office action is not the end of your trademark application — it is a standard part of the examination process. However, missing a deadline can be fatal. This guide covers every type of CNIPA office action, the applicable deadlines, and how to respond effectively.
Types of CNIPA Office Actions
1. Notification of Amendment (补正通知)
Issued when the application has formality defects — such as an unclear mark representation, missing signature, or incorrect goods/services classification. These are the most common type of office action and generally the easiest to resolve.
Deadline: 30 days from receipt of notification.
Extension: No extension available.
2. Notification of Refusal (驳回通知)
Issued when the examiner finds the mark unregistrable on absolute or relative grounds. This is a substantive refusal that requires a reasoned response.
Deadline: File a review application with the CNIPA Trademark Review and Adjudication Department (TRAD) within 15 days of receipt.
Extension: 30 days for foreign applicants (those without a residence or business address in China).
3. Notification of Partial Refusal
Issued when the examiner approves the mark for some goods/services but finds it unregistrable for others. You can accept the partial approval and delete the refused items, or appeal the refusal.
Deadline: Same as full refusal — 15 days (30 days for foreign applicants).
4. Notification of Opposition (异议答辩通知)
Issued when a third party has filed an opposition against your published mark. You must submit a defense to maintain your application.
Deadline: 30 days from receipt of notification.
Extension: No extension available.
Complete Response Timeline
| Office Action Type | Deadline | Foreign Applicant Extension | Consequence of Missing |
|---|---|---|---|
| Amendment (补正) | 30 days | None | Application deemed abandoned |
| Refusal (驳回) | 15 days | 30 days | Refusal becomes final; no further appeal |
| Partial Refusal | 15 days | 30 days | Refused items removed; no appeal right |
| Opposition Defense | 30 days | None | Opposition decided in opponent’s favor |
| Invalidation Defense | 30 days | 3 months | Invalidation decided in petitioner’s favor |
| Non-Use Cancellation | 2 months | 3 months | Registration cancelled |
How to Calculate Deadlines
CNIPA deadlines are calculated from the date of receipt of the notification, not the date of issuance. For foreign applicants, the notification is considered received 15 days after the date of issuance printed on the document. This means:
- Amendment Deadline: Issuance date + 15 days (deemed receipt) + 30 days = 45 days from issuance
- Refusal Review (Foreign Applicants): Issuance date + 15 days (deemed receipt) + 30 days = 45 days from issuance
Important: If you use a Chinese trademark agent, the notification is served on the agent, and the deadline is calculated from the agent’s actual receipt date.
Best Practices for Responding
1. Act Immediately
Do not wait until the last day. Some responses require evidence gathering, legal research, and translation. Start work on the response as soon as you receive the notification.
2. Use a Qualified Chinese Agent
Foreign applicants cannot respond to CNIPA office actions directly. You must use a Chinese trademark agent who is licensed to practice before CNIPA. The agent handles the procedural aspects and ensures compliance with Chinese legal requirements.
3. Provide Chinese-Language Evidence
If your response relies on evidence (such as proof of distinctiveness through use), all evidence must be in Chinese or accompanied by a certified Chinese translation. Foreign-language documents without translation will not be considered.
4. Be Specific and Factual
CNIPA examiners appreciate clear, specific arguments supported by legal authority. Avoid emotional appeals or general statements about the importance of your brand.
5. Consider the Cost-Benefit Ratio
For minor refusals on a few subclasses, it may be more cost-effective to delete the refused items and proceed with the approved items rather than pursuing an expensive appeal.
What Happens After Your Response
- Amendment Response: CNIPA reviews the amended materials. If accepted, the application proceeds to substantive examination. If the amendment is insufficient, a second notification may be issued.
- Refusal Review: TRAD reviews the case and issues a decision. If TRAD upholds the refusal, you can appeal to the Beijing Intellectual Property Court within 30 days.
- Opposition Defense: CNIPA decides the opposition based on the evidence and arguments from both parties. Either party can appeal to TRAD.
Get Professional Help with Office Actions
Our team has extensive experience responding to CNIPA office actions of all types. We assess the strength of the refusal, develop persuasive arguments, and prepare complete responses that meet Chinese legal requirements. Contact us if you have received a CNIPA office action and need assistance.
