China's High Rejection Rate

CNIPA rejects or partially rejects approximately 30-40% of all trademark applications during substantive examination. Understanding the most common grounds for rejection can dramatically improve your chances of success.

Top 5 Reasons for Rejection

1. Similarity to Prior Registered Marks

This is by far the most common reason — accounting for roughly 60% of all rejections. CNIPA examines whether your mark is identical or similar to an earlier registered or preliminary approved mark for identical or similar goods/services.

How to avoid: Conduct a thorough pre-filing search. Don't just search exact matches — check phonetic similarity, visual similarity, and conceptual similarity. Our trademark search tool searches across all 45 classes and identifies potentially conflicting marks.

2. Lack of Distinctiveness

Marks that consist solely of generic terms, descriptive words, or common expressions will be rejected. For example, 'BEST QUALITY' for any product or 'BEIJING HOTEL' for hotel services.

How to avoid: Choose an inherently distinctive mark. Invented words, arbitrary terms applied to unrelated goods, and suggestive marks (that require some imagination to connect to the goods) fare best.

3. Violation of Prohibited Signs (Article 10)

China's Trademark Law prohibits registration of marks that are identical or similar to state names, national flags, international organization names, or those that are deceptive or harmful to socialist morality.

How to avoid: Avoid any reference to Chinese government entities, political figures, or culturally sensitive terms. Be cautious with geographic names.

4. Deceptive or Misleading Marks (Article 10(7))

Marks that mislead the public about the quality, origin, or characteristics of goods will be rejected. For example, using 'ORGANIC' for non-organic products or 'SWISS MADE' for goods not produced in Switzerland.

How to avoid: Ensure your mark accurately describes your goods. Any quality or origin claims must be truthful.

5. Bad Faith Filings (Article 4)

CNIPA has intensified its crackdown on bad faith trademark filings, especially those filed without intent to use. Marks filed in large quantities with no genuine business purpose will be rejected.

How to avoid: File only marks you genuinely intend to use in commerce. If you must file defensively, limit to core classes.

What to Do If Your Mark Is Rejected

You have 15 days from receipt to file a review request with the Trademark Review and Adjudication Board (TRAB). Prepare a detailed argument addressing each ground of rejection, supported by evidence of use, distinctiveness acquired through use, or coexistence agreements if applicable.