Your Trademark Was Rejected in China? How to Fight Back with a Rejection Review

If you are building a brand in China, your trademark is one of your most valuable assets. A trademark is the distinctive sign that sets your goods or services apart from everyone else's. Only a registered trademark enjoys exclusive rights in China, and those rights cover only the mark as approved and the goods or services listed in the registration.

Getting a trademark registered in China can take one to three years. Many businesses start using their mark on packaging and products long before the registration comes through. So what happens if the application is rejected, but your brand has already gained recognition in the market? That is when a trademark rejection review becomes your key remedy.

Here are four practical steps to approach one.

1. Analyse the Official Rejection Grounds

Start by reading the rejection notice carefully. Common grounds include a violation of the prohibitive provisions of the Trademark Law, a lack of distinctiveness, wording that is merely descriptive, a conflict with prior rights, or similarity to an earlier registered trademark.

Keep in mind that trademark examination depends on individual examiners, and subjective judgement can lead to different outcomes for similar cases. The review procedure exists precisely to correct unreasonable decisions and to safeguard applicants' legitimate rights.

2. Build Your Legal Argument

If the rejection basis is flawed, prepare a review petition grounded in the Trademark Law, its Implementing Regulations, the Trademark Examination and Trial Guidelines, and relevant judicial interpretations. Compare your mark with the cited marks side by side, and pinpoint the legal provisions that support your case.

3. Compile Solid Evidence

Good evidence makes or breaks a review. You will need proof of identity, proof that you filed within the statutory period, the rejection notice itself, evidence that your mark has acquired distinctiveness through use, and evidence showing there is no likelihood of confusion with the cited trademarks. Index, label and explain every exhibit.

Earlier sales records, marketing materials and consumer feedback are powerful proof that your mark already functions as a source identifier in the eyes of the public.

4. Observe the Critical Procedural Rules

The hard deadline is 15 calendar days from receipt of the rejection notice. If you filed through an agency, service on the agent counts as service on you, so the clock may already be running. For mailed documents, the submission date is determined by the postmark; for electronic submissions, it is the filing date.

The 15-day rule is set out in Article 34 of the Trademark Law, and it is unchanged under the revised Trademark Law that takes effect on 1 January 2027. Do not miss it: once the window closes, the rejection stands.

Arguing Similarity — and Distinctiveness

When similarity is the issue, analyse the font, pronunciation, meaning, graphic composition and overall impression of the two marks. Evidence that the two marks have coexisted in the real market without confusing consumers strengthens your case. And if your mark has acquired distinctiveness through continuous use, demonstrate that clearly.

A well-known brand is at the core of your competitiveness in the market. Trademark review is highly technical work, so do not rush it or file casually. Get a professional assessment first — and if you are a foreign applicant with no place of business in China, note that you must file through a trademark agency established in China.