Why Your Trademark Fails to Register in China? Complete Guide for 100% Successful Registration
Real Case: PENFOLDS Trademark Registration Dilemma in China
Australian famous wine brand PENFOLDS officially entered the Chinese market in 1995. Considering its pronunciation and the good implied meaning of "striving for prosperity and strength", its rights holder — Nanshe Brands Pty Ltd, a subsidiary of Treasury Wine Estates — adopted the Chinese brand name "Benfu (奔富)" for long-term market operation.
Before the trademark dispute occurred, PENFOLDS had expanded steadily in China. It opened 48 exclusive stores across 32 cities in 17 provinces, with annual sales exceeding 100 million RMB.
However, the brand faced a critical hidden risk: the Chinese name "Benfu (奔富)" was never successfully registered as a valid trademark in China, bringing huge potential legal and market risks to its long-term operation.
7 Practical Tips to 100% Improve China Trademark Registration Success Rate
Based on the common trademark rejection reasons and the PENFOLDS case, we have sorted out core practical rules for China trademark registration to help applicants avoid risks and pass registration smoothly.
1. Conduct Comprehensive Trademark Pre-Search
Check all identical and similar pre-existing trademarks in the target class and related associated classes. Reject any trademark with similar text, pronunciation or graphic design. Do not rely solely on free basic search tools for final judgment, to avoid missing risky similar marks.
2. Design Original Trademarks to Avoid Similarity Risks
Trademark similarity is the top cause of registration rejection. Follow the rules below for word and graphic marks:
• Word Trademarks: Adopt original and unique wording. Avoid generic industry terms and descriptive words for product functions. For combined Chinese and English trademarks, search Chinese and English parts separately. Integrated combined trademarks are more likely to be rejected for overall similarity.
• Graphic Trademarks: Use 100% original hand-drawn designs. Do not use public stock images, template materials or copyrighted public pictures to avoid similarity and copyright infringement risks.
3. Select Accurate Goods and Service Classes
Choose core registration classes according to your actual business scope, and supplement necessary related associated classes for full protection. Do not blindly select irrelevant product items, nor miss core business classes, to prevent insufficient trademark protection or unnecessary review risks.
4. Strictly Comply with China Trademark Law Prohibitions
Do not use prohibited elements including national names, national flags, place names, exaggerated promotional words, inappropriate cultural content and generic industry names. Meanwhile, ensure the trademark does not infringe others’ copyright, portrait rights and other legal rights.
5. Submit Standard and Complete Application Documents
Provide high-definition trademark images with standard proportions. Ensure the applicant’s qualification information (business license or ID card) is true, accurate and consistent, to avoid rejection due to non-standard materials.
6. Prepare Multiple Trademark Backup Solutions
Prepare 2 to 3 alternative trademarks in advance. If the primary trademark is judged to have high registration risks, replace it with a backup mark directly, which can greatly save application time and cost.
7. Respond Timely to Rejections and Oppositions
Never ignore trademark rejection notices or third-party opposition applications. Submit formal review reasons and sufficient evidence within the legal time limit to strive for a successful review result.
Core Summary for High-Success Trademark Registration
To guarantee smooth trademark registration in China: complete sufficient prior similarity search, insist on trademark originality, avoid prohibited words and elements, select accurate registration classes, and entrust a professional trademark agent for assessment and application if necessary.
Trademark Rejection Review | Common FAQ
Q1: What is the legal time limit for trademark rejection review?
Applicants must file a review application within 15 days after receiving the trademark rejection notice. If dissatisfied with the review decision, applicants may file a lawsuit with the Beijing Intellectual Property Court within 30 days of receiving the review decision.
Q2: What is the official fee for trademark rejection review?
The official fee is CNY 675 per class for online electronic applications and CNY 750 per class for paper applications. The price does not include trademark agency service fees.
Q3: What documents are required for trademark rejection review?
• Trademark rejection review application form and official rejection notice
• Applicant’s qualification certificate documents
• Power of attorney (required for agent handling)
• Targeted evidence materials and trademark drawings corresponding to the rejection reasons
