In China, if a trademark applicant disagrees with a rejected or denied trademark application, they may apply for a review with the Trademark Review and Adjudication Board (TRAB) within 15 days from the date of receiving the notification.

How long does a trademark review take in China?

According to Article 34 of the Chinese Trademark Law, after the applicant submits a review application, the TRAB must make a decision within nine months from the date of accepting the application and notify the applicant in writing. Under special circumstances, with the approval of the State Council’s administrative department for industry and commerce, the timeframe may be extended by an additional three months. If the applicant disagrees with the TRAB’s decision, they may file a lawsuit with the People’s Court within 30 days from the date of receiving the notification.

Can all rejected trademarks in China undergo a review?

Yes, but the review application must be submitted to the TRAB within 15 days from the date of receiving the notification. Applications beyond this deadline will not be accepted. However, only a small portion of rejected trademarks are suitable for review. It is advisable for applicants to carefully analyze and evaluate their case before proceeding to avoid unnecessary time and cost.

Is it necessary to apply for a review of a rejected trademark in China?

Not necessarily. Only a small number of rejected trademarks are worth reviewing. Most rejected trademarks have a low chance of success even if a review is submitted. Applying without prior analysis may lead to wasted time and money. If your trademark has been rejected, you may consult PUYIZHICHAN before deciding to apply for a review. We can provide a comprehensive analysis to help determine whether a review is worthwhile.