Four procedures
| Procedure | Trigger | Deadline | Outcome |
|---|---|---|---|
| Refusal review | Application refused on substantive examination | 15 days from receipt of notice | Accepted for publication or refusal upheld |
| Opposition | Third party objects during publication | 3 months from publication | Registration refused or granted |
| Invalidation | Registered mark breaches prohibitions or prior rights | Generally 5 years from registration | Registration void ab initio |
| Revocation for non-use | Three consecutive years without use | At any time | Mark revoked wholly or partly |
Building the response
These procedures are not letters of explanation. They turn on statutory grounds supported by evidence. For a refusal review the usual arguments are distinctiveness, no similarity with the cited mark, the cited mark having lapsed or been cancelled, or consent from the earlier rights holder.
- Distinctiveness: design rationale, manner of use, relationship to the goods
- No similarity: sound, meaning, visual impression, and the degree of similarity between the goods
- Prior use: sales contracts, invoices, advertising spend, media coverage showing acquired recognition
- Status of the citation: check whether it has been cancelled, invalidated or has lapsed
- Coexistence: a consent letter from the earlier holder, whose effect depends on the case
Relevance and timing of evidence matter more than volume. Documents created after the fact, undated screenshots and unverifiable transaction records carry little weight.
Timing and cost
- Refusal review must be filed within 15 days; late filings are not accepted
- Opposition responses are normally due within 30 days of receipt
- During the procedure the mark's status is uncertain, which can affect platform onboarding and brand licensing
- Decisions can be appealed to the courts under the administrative litigation route
Frequently asked questions
Do we have to file a review after a refusal?
Not always, but review is the main route to keep the application alive. Where the refusal turns on prohibited elements or a clear similarity, amending the mark or refiling in adjusted classes may be more realistic. Compare time and probability before choosing.
What is the success rate of refusal reviews?
It varies widely with the grounds, the status of the cited mark and the quality of evidence, so no single figure is meaningful. We give an assessment of the specific file rather than a promise.
What happens if we ignore an opposition?
The opposition is examined on the opponent's grounds and evidence without your submissions, which usually ends badly. Responding is not optional if you want the mark.
Can we cancel someone else's trademark?
Yes. Revocation for three years of non-use, or invalidation on absolute or relative grounds, are available where you have at least prima facie evidence, not mere suspicion.
Can we use the mark during an opposition?
An application published for opposition is not yet registered, so you may use it but cannot claim registered rights. Avoid the ® symbol and check you are not infringing earlier rights.
Tell us the situation first, then we talk options
Send us your entity type, location and what you need done. We will set out the documents required, which steps need you in person, and a realistic timeline.
Where we workFoshan · Guangdong · China
We serve all five districts of Foshan, and act for clients elsewhere in Guangdong and overseas on the same process.
This page reflects publicly available information as of October 2026. The competent authority's latest requirements prevail.
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