Overview #
A CNIPA refusal is not the end of your trademark application. Every year, many applications are refused at first examination but later succeed after a well-prepared response or review. Understanding the common grounds for refusal — and the deadlines for responding — is essential to protecting your brand.
Common Grounds for Refusal #
- Lack of distinctiveness: the mark is descriptive, generic, or merely the common name of the goods or services.
- Similarity to a prior mark: the mark is identical or confusingly similar to an earlier registration or application in the same or related classes.
- Deceptive or misleading marks: the mark misleads consumers about the nature, quality, or origin of the goods.
- Contrary to public order or socialist morality: marks that are offensive or harmful are refused.
- Prohibited signs: national flags, emblems, or names of state organs cannot be registered.
Responding to an Office Action #
If the examiner raises an objection, you will receive an office action (a “notification of refusal”). You can respond by:
- Filing written arguments explaining why the mark is distinctive or not confusingly similar.
- Submitting evidence of acquired distinctiveness through use, advertising, and market recognition.
- Amending the specification by deleting the conflicting or descriptive items.
- Negotiating a consent or coexistence with the cited mark’s owner where possible.
Review Before the TRAB #
If the refusal is upheld, you can apply to the Trademark Review and Adjudication Board (TRAB) for a review within 15 days of receiving the refusal. The review is a fresh examination of the case and is often the last realistic chance to overturn a refusal before the courts.
How to Improve Your Chances #
- Choose a distinctive mark from the start — invented or arbitrary marks are strongest.
- Do a thorough pre-filing search to avoid conflicts before you spend money.
- Keep evidence of use — sales records, invoices, marketing materials, and media coverage all support acquired distinctiveness.
- Respond before every deadline — missing a deadline usually means the application is deemed abandoned.
Received a refusal notice? Contact us — we assess your case and prepare a response strategy.