A Complete Step-by-Step Guide (with Sample Forms Explained)
When your trademark application is provisionally refused by CNIPA, you have 15 days to respond. The process takes four steps: (1) a refusal study, (2) filing the response, (3) a written review with evidence, and (4) waiting for CNIPA’s decision. This guide explains every step — and shows you, with annotated sample forms, exactly what a Power of Attorney, the Review Application, the Last Page of the Review, and the Notification of Provisional Refusal look like.
If you receive a notification of China trademark rejection, don’t panic — a refusal is not the end of the road. Under Chinese trademark law, every refusal can be challenged through a formal response to the refusal (驳回复审). Below is the exact process we follow for our clients, step by step, including the documents you need and what each official form actually says.
First: What Is a Notification of Provisional Refusal?
Before responding, you need to understand the document that started it all.
When CNIPA (China National Intellectual Property Administration, 国家知识产权局) examines a China trademark register, it may issue a Notification of Provisional Refusal. This is the official notice that your mark has been refused in China — and it tells you why.
The original Notification of Provisional Refusal issued by CNIPA (in Chinese).
Annotated English translation of the Notification of Provisional Refusal.
Key Terms on the Notification of Provisional Refusal
ChineseEnglish国家知识产权局China National Intellectual Property Administration (CNIPA)申请人地址Address of Applicant申请人名字Name of Applicant申请日期Date of Filing申请号Registration number商标驳回通知书Notification of Provisional Refusal驳回理由Absolute Grounds or Relative Grounds
The most important sentence on the notice is this one:
商标注册申请人如果对本驳回决定不服，可以自收到本通知之日起十五日内向国家知识产权局申请复审。 “The applicant shall request a review within 15 days after receipt. If the applicant does not do so, the application shall be deemed to have been abandoned.”
This is where the 15-day deadline comes from. Miss it, and your mark is refused in China for good. (In practice, because the notice arrives via WIPO, the deadline is calculated from the date you receive the WIPO email plus 15 days.)
Refusals generally fall into two categories:
- Absolute grounds (驳回理由-绝对理由): the mark is descriptive, generic, or lacks distinctiveness.
- Relative grounds (驳回理由-相对理由): the mark conflicts with an earlier trademark or application.
Step 1: Conducting a Comprehensive Refusal Study (1 working day)
Our trademark experts first study the refusal notice to determine your realistic chances of success in responding.
- If the chances are high → we recommend filing the response.
- If the chances are low → we honestly advise you to file a new application with a modified mark instead of spending money on a losing battle.
This step costs you nothing in time beyond one working day, and it prevents clients from paying for responses that cannot win.
Step 2: Filing the Response to the Refusal (without written review) — before the deadline
The deadline for filing the response is the date of receiving the notification plus 15 days.
Our flat fee for the response covers everything: filing the response, the government fee, tax, the written review, and the recommendations report. No hidden fees.
Required Documents
1. Power of Attorney (POA) signed by the applicant — 3 PDF files
Original POA for Response to the Refusal (in Chinese).
Annotated English translation of the POA.
The POA (商标评审代理委托书) authorizes your trademark agency to act before CNIPA in the review proceedings. Here is what the form actually says:
ChineseEnglish商标评审代理委托书POA for Response to the Refusal委托人Applicant地址Address商标代理公司Trademark agency商标代理公司地址Address of agency委托人是美国国家的自然人/法人/其他组织，现委托上述受托人代理对第32类第GXXXXXX号XXX商标进行如下”√”评审事宜The applicant is an individual/legal person/other organization in the United States. The above-mentioned trustee is now entrusted to conduct the following “√” review matters for the trademark No. GXXXXXX in Class 32.驳回商标注册申请复审案Review case of refusal商标不予注册复审案Review case of disapproval撤销注册商标复审案Review case of cancellation注册商标无效宣告案Case of invalidation注册商标无效宣告复审案Review case of invalidation
The POA also defines the agent’s authority:
受托人代理上述评审事宜的权限为：参与《中华人民共和国商标法》及其《实施条例》和《商标评审规则》规定的本案有关评审活动。 “The authority of the trustee is to participate in the review activities related to this case as stipulated in the Trademark Law of the People’s Republic of China, its Implementing Regulations, and the Trademark Review Rules.”
The applicant may make a special declaration covering three items: ① acknowledge the other party’s review request (承认对方评审请求)， ② abandon or change the review request (放弃或者变更评审请求)， ③ withdraw the trademark review application (撤回商标评审申请).
Finally, the form is completed with the applicant’s signature or stamp (委托人签字/盖章).
The second PDF: Application for Review of Refusal
Here is what it looks like:
Original Application for Review of Refusal (in Chinese).
Annotated English translation of the Application for Review of Refusal.
Key Terms on the Application Form
ChineseEnglish驳回商标注册申请复审申请书Application for Review of Refusal首页Front page申请商标The mark类别Class申请号/国际注册号Application number / International registration number国家知识产权局发文号Document number of CNIPA申请人名称Name of the applicant联系地址Address of the applicant联系人Contact person联系电话Phone number电子邮箱Email商标代理机构名称Name of the trademark agency是否需要提交补充证据材料：是；否File supplementary evidence later: Yes / No申请人章戳（签字）Applicant’s stamp (signature)商标代理机构章戳Trademark agency’s stamp代理人签字Agent’s signature
Practical tip: on the form there is a checkbox for “是否需要提交补充证据材料” (whether supplementary evidence will be filed later). If you need more time to gather evidence, check “Yes” — this allows you to submit additional materials after the initial filing.
The third PDF: The Last Page of the Review
Every written review ends with a formal closing page (复审申请书末页) containing the request for approval and the signatures:
Original Last Page of the Review of the Refusal (in Chinese).
Annotated English translation of the Last Page of the Review.
The closing page contains three standard statements:
ChineseEnglish申请人恳请贵局鉴于上述事实和理由，准予申请商标在复审的全部商品上初步审定。The applicant kindly requests your office to allow preliminary approval of the applied trademark on all the goods subject to review, in view of the above facts and reasons.申请人请求贵局在收到复审申请后依法核准申请商标的注册申请。The applicant requests your office to approve the application for registration of the trademark in accordance with the law after receiving the review application.申请人对贵局给予本案的关注深致热枕！The applicant deeply appreciates the attention your office has given to this case!
It is signed with the applicant’s stamp/signature (申请人章戳/签字)， the trademark agency’s stamp (商标代理机构章戳)， and the agent’s signature (代理人签字).
2. A copy of the certificate of incorporation, or the individual’s passport (or ID card)
3. The PDF file of the Notification of Refusal — see the sample form and full explanation in the section above.
4. A screenshot of the email from WIPO showing the date the email was received (for WIPO/Madrid filings only — this date determines your deadline).
Step 3: Filing the Written Review (within 3 months)
The written review is where the substantive argument happens. Together with the response, you submit evidence supporting registrability of your mark:
- Certificates of your trademarks in other countries — proof that the mark has been accepted elsewhere;
- Evidence of use of your trademark — sales records, invoices, advertising, e-commerce pages, etc.;
- Evidence of the impact/reputation of the applicant’s company;
- Anything else relevant to your trademark that could support the case.
Step 4: Waiting for the Decision from CNIPA (about 3 months)
After the response and written review are filed, CNIPA examines the case and issues its decision. The typical waiting time is around 3 months.
- If the response succeeds → your mark proceeds to preliminary approval and publication in China.
- If it fails → you can consider further options, such as amending the mark and filing a new application.
Timeline at a Glance
StageWhat HappensDuration1. Refusal studyExperts assess your chances of success1 working day2. Response filingFile response + basic documentsBefore the deadline (WIPO email date + 15 days)3. Written reviewFile arguments and evidenceWithin 3 months4. CNIPA decisionWait for the official result~3 months
Frequently Asked Questions
Q: What happens if I miss the 15-day deadline? A: Under Chinese law, if no review is requested within 15 days of receipt, the application is deemed abandoned and the mark cannot be registered in China. Act fast.
Q: How many documents do I need at the very beginning? A: the 3 signed PDF files, your incorporation certificate or passport/ID, the refusal notification PDF, and a screenshot of the WIPO email showing the received date(for WIPO/Madrid filings only). Evidence comes later, in the written review stage.
Q: Are there any extra fees beyond the quoted price? A: No. Our fee includes the filing, the government fee, tax, the written review, and the recommendations report — no other charges.
Q: Can I file the response myself without an agency? A: Foreign applicants without a domicile or business establishment in China must handle Chinese trademark proceedings through a licensed Chinese trademark agency — which is why the POA is the very first document on the list.
