How to overcome the Madrid trademark refusal designated China

Sep 07,2021

If you filed the trademark designated China through Madrid,

once the application is refused by CTMO and you received the notification of refusal from the IB and you want to file an argument against the refusal,

you shall know as follows:

Date of receiving:

You should confirm the date of receiving the Notice of  Provisional Refusal first.

The date begins on the date the applicant receives the provisional refusal.

Deadline of responsing to Refusal:

Then, you can calculate the deadline of  responsing to Review for Provisional Refusal.

In general, the Review for Refusal must be filed within 30 days after receiving the Notice of  Refusal by WIPO to the holder.  

And you’ll have 3 months to prepare and submit the more evidences to support the Review. 

Two types of Refusal:

Total refusal or Partial refusal

Grounds for Refusal:

Absolute grounds

1. Use Prohibition: Article 10 signs shall not be used as trademarks

2. Distinctiveness: Article 11  signs shall not be registered as trademarks, but if acquired (distinctiveness through use and become distinguishable, may be registered as trademarks)

Relative grounds:

Articles 30 & 31: identical with or similar to the trademark of others in respect of the same or similar goods / services

How to overcome Refusals

Including but not limited to the following:

1. Filing written opinions

2. Transferring the trade mark(s) to the same ownership

3. Removing the earlier obstacles through opposition, invalidation,cancellation, etc.

4. Submitting the Trademark Concurrent Use Agreements

5. Submitting the evidence of distinctiveness acquired through use

6. Changing or correcting the name/address of the holder

Requirements:

In order to respond to this refusal, we require a scanned copy of  POA signed by you and holder's detail.

Period of examination:

Generally, it  take a period of  9-12 months for the examination. 

Chinese representative:

According to China Trademark Law,  

foreigners and foreign corporations, who want to file the Review for Refusal, should througn a qualified Chinese representative to process the trademark issues.

Our services & Fee:

A. What's our services included:

• Report:

Analyze and advise on the review cases and provide a simple report for FREE if you are interesting in proceeding.

• Prepare and file the response to the refusal:

1. Compare your mark with the vited mark and analysis the differences for overcoming the refusal.

2. Study on the articles of laws and regulations in the cases ;

3. Research the prior judgments of relevant laws and regulations;

4. Provide suggestions based on prior judgments similar to the this cases;

5. Search and sort out other detailed relevant information of the case, such as:

     ① the information of the applicant.

     ② more detailed information of the your mark and cited mark.

     etc.

   6. Our company's professional agent personally wrote the arguments for this case

   7. Inquiry with local trademark offices, as necessary

   8. Appoint our-selves as attorneys of record process this matter

B. We provide a simple report for FREE

The official fee is about USD 120 (RMB 750) for each class.

Our total fees (including official fee & professional fee) for preparing and file the response to the refusal is USD 500 .

Hire our local trademark attorneys to  overcome the Madrid trademark refusal designated China . Take advantage of our easy, fast & efficient process!
Contact mail: ip@chiram.com