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Appeal for TM Application Refusal

Legal Basis

According to Article 34 of the Trademark Law of China, the CNIPA shall notify the applicant in writing that the applicant can take an appeal against the refusal within 15 days upon receipt. The CNIPA should make a decision within 9 months upon the application date. The term can be extended for three months if under special circumstances.

The applicant can take litigation against the CNIPA within 30 days upon receipt.

Required Docs

  • Request form;
  • Proof;
  • POA;
  • Translation of refusal and notice of WIPO (only for the territorial extension of the protection)

Official Fees

750 CNY per class.

Duration

Within 9+3 months.