# CNIPA's answers on same-day filings, refusal and invalidation CNIPA's published replies from 2019 to 2022 on same-day filings and drawing lots, partial refusal and division, refusal review, using a refused mark, and invalidation. Canonical URL: https://ginbing.com/docs/china-trademark/cnipa-answers-refusal-and-invalidation Markdown URL: https://ginbing.com/docs/china-trademark/cnipa-answers-refusal-and-invalidation/index.md ## TLDR CNIPA's published replies from 2019 to 2022 on same-day filings and drawing lots, partial refusal and division, refusal review, using a refused mark, and invalidation. ## Guide Replies CNIPA published from 2019 to 2022 to questions about same-day filings, refusal, review and invalidation, translated by Ginbing. Each reply links to its Chinese original on CNIPA's website. ## About these replies - **Official source.** [Trademark registration questions](https://www.cnipa.gov.cn/jact/front/mailpublist.do?sysid=13), the public column where CNIPA answers trademark questions. Each reply links to its official page. - **Issued by.** CNIPA - **CNIPA's dates.** Each reply shows the date CNIPA answered. All of them date from 2019 to 2022. - **Checked against the official page.** November 6, 2026 > These are replies to individual questions. They are not rulings, and CNIPA decides each case on its own facts. The translations are Ginbing's own, not official, and Ginbing is not part of CNIPA. Only the Chinese text is official. Each heading is Ginbing's short summary of the point the reply answers; the asker's own words, which may cover other points, are on the official page. Greetings and contact details are left out, and long replies are shortened to the parts that answer the question. > **Warning:** These replies are older than those on CNIPA's other answer pages, and each states the position on its date. Where a [later reply](/docs/china-trademark/cnipa-answers-refusal-opposition-madrid) or CNIPA's current guide differs, rely on the later source. They were written under the 2019 Trademark Law, and the [revised law](/docs/china-trademark/laws/trademark-law/2026) takes effect on January 1, 2027, with [some changed rules and article numbers](/docs/china-trademark/2027-trademark-law-changes). Fees and procedures can also change. Check the current rule before relying on one of these replies. ## Two applicants file the same mark on the same day: what happens first? > Where two or more applicants apply for identical or similar marks, the same-day procedure (use evidence, negotiation, drawing lots and so on) first settles on one applicant, whose application then goes to substantive examination. > > [CNIPA reply of January 10, 2022](https://www.cnipa.gov.cn/jact/front/mailpubdetail.do?sysid=13&transactId=382066), translated by Ginbing ## After drawing lots, is the winner registered, and is the loser refused? > The winner goes on to substantive examination. The loser is refused outright. > > [CNIPA reply of September 7, 2020](https://www.cnipa.gov.cn/jact/front/mailpubdetail.do?sysid=13&transactId=334584), translated by Ginbing ## Neither same-day applicant attends the draw: what happens? > Both are refused for the conflicting part. > > [CNIPA reply of May 22, 2020](https://www.cnipa.gov.cn/jact/front/mailpubdetail.do?sysid=13&transactId=57273), translated by Ginbing ## If I skip the draw because I cannot reach the other applicant, what are the consequences? > If you give up the draw, the mark will be refused, with no other consequence. > > [CNIPA reply of May 21, 2019](https://www.cnipa.gov.cn/jact/front/mailpubdetail.do?sysid=13&transactId=29092), translated by Ginbing ## How are lots drawn for a multi-class application? > Lots are drawn for the identical or similar goods in each class. For example, if Classes 25 and 35 in one application number both need a draw, and Class 25 wins while Class 35 does not, separate conclusions are reached according to each result. > > [CNIPA reply of November 20, 2019](https://www.cnipa.gov.cn/jact/front/mailpubdetail.do?sysid=13&transactId=45951), translated by Ginbing ## Same-day applicants pay at different times: does paying first help? > The time of payment does not affect the filing date. > > [CNIPA reply of January 15, 2020](https://www.cnipa.gov.cn/jact/front/mailpubdetail.do?sysid=13&transactId=49644), translated by Ginbing ## A head office and its branch file the same mark on the same day: are they treated as different applicants? > They go through the same-day procedure as different applicants. > > [CNIPA reply of January 12, 2022](https://www.cnipa.gov.cn/jact/front/mailpubdetail.do?sysid=13&transactId=382204), translated by Ginbing ## One same-day applicant assigns its application to the other: is a draw still held? > The application waits for the assignment to finish and then goes through examination normally. No draw is held. > > [CNIPA reply of November 25, 2021](https://www.cnipa.gov.cn/jact/front/mailpubdetail.do?sysid=13&transactId=376639), translated by Ginbing ## Must the applicant attend a draw in person, or can an agency attend? > Either is fine. > > [CNIPA reply of January 2, 2020](https://www.cnipa.gov.cn/jact/front/mailpubdetail.do?sysid=13&transactId=48700), translated by Ginbing ## In a multi-class application, does refusal of one class affect the others? > No. > > [CNIPA reply of August 12, 2019](https://www.cnipa.gov.cn/jact/front/mailpubdetail.do?sysid=13&transactId=39436), translated by Ginbing ## Only one of my goods conflicts with an earlier mark: are the other goods refused too? > If only some goods are similar, the examiner issues a partial refusal notice. The remaining goods are not refused and are kept. > > [CNIPA reply of August 18, 2019](https://www.cnipa.gov.cn/jact/front/mailpubdetail.do?sysid=13&transactId=39910), translated by Ginbing ## After a division request, how many numbers and certificates are there, and how are later fees charged? > 1. When we receive a division application, the mark is split into two, one of which has an A added after the original number. 2. The two numbers have two registration certificates. 3. Later matters are also charged as two numbers. > > [CNIPA reply of July 22, 2020](https://www.cnipa.gov.cn/jact/front/mailpubdetail.do?sysid=13&transactId=331005), translated by Ginbing ## When does a refused earlier mark stop being cited against mine? > When its refusal review procedure ends. > > [CNIPA reply of December 11, 2020](https://www.cnipa.gov.cn/jact/front/mailpubdetail.do?sysid=13&transactId=341189), translated by Ginbing ## The 15-day period for refusal review has passed: can review still be filed? > No. > > [CNIPA reply of June 10, 2021](https://www.cnipa.gov.cn/jact/front/mailpubdetail.do?sysid=13&transactId=357143), translated by Ginbing ## Last year's application was refused: can I amend the mark and file again, and must the old one be dealt with? > You can file a new registration application. Nothing needs to be done about the earlier application. > > [CNIPA reply of November 25, 2022](https://www.cnipa.gov.cn/jact/front/mailpubdetail.do?sysid=13&transactId=412328), translated by Ginbing ## A company filed through an agency and was refused: can it file the refusal review itself? > A refusal review can be filed by the applicant itself. > > [CNIPA reply of May 1, 2020](https://www.cnipa.gov.cn/jact/front/mailpubdetail.do?sysid=13&transactId=55741), translated by Ginbing ## An agency says refusal review is a required step: is it? > The Trademark Office does not require it. You choose whether to file a review. > > [CNIPA reply of May 24, 2021](https://www.cnipa.gov.cn/jact/front/mailpubdetail.do?sysid=13&transactId=355398), translated by Ginbing ## Can an agency guarantee that a refusal review will succeed? > It cannot be guaranteed. > > [CNIPA reply of February 28, 2019](https://www.cnipa.gov.cn/jact/front/mailpubdetail.do?sysid=13&transactId=22965), translated by Ginbing ## Does a refusal mean my use of the sign infringes the cited mark? > The examination result only shows whether the exclusive right can be obtained. > > [CNIPA reply of June 15, 2020](https://www.cnipa.gov.cn/jact/front/mailpubdetail.do?sysid=13&transactId=58831), translated by Ginbing ## A refused mark is still in use: is it protected? > A mark not registered by the Trademark Office is not protected by the Trademark Law. > > [CNIPA reply of September 13, 2021](https://www.cnipa.gov.cn/jact/front/mailpubdetail.do?sysid=13&transactId=369422), translated by Ginbing ## An owner's earlier registration did not stop its new filing being refused: why, and does it affect the old one? > Each trademark right is independent. A new application is examined under current standards. Refusal of the new application on the basis of an earlier identical or similar mark does not affect use of the applicant's earlier registered mark. > > [CNIPA reply of October 27, 2021](https://www.cnipa.gov.cn/jact/front/mailpubdetail.do?sysid=13&transactId=373340), translated by Ginbing ## A company and a partner re-file a mark the company already owns: will its own registration be cited? > It will be refused. > > [CNIPA reply of July 31, 2020](https://www.cnipa.gov.cn/jact/front/mailpubdetail.do?sysid=13&transactId=331762), translated by Ginbing ## My own mark blocks my company's similar application: does showing our relationship help? > They can only be held by one entity. > > [CNIPA reply of May 19, 2021](https://www.cnipa.gov.cn/jact/front/mailpubdetail.do?sysid=13&transactId=354863), translated by Ginbing ## A mark awaiting payment is no longer wanted: must it be withdrawn, and does that affect later filings? > Simply do not pay. It has no effect on later applications. > > [CNIPA reply of December 8, 2021](https://www.cnipa.gov.cn/jact/front/mailpubdetail.do?sysid=13&transactId=378483), translated by Ginbing ## Must I wait five years after registration to seek invalidation? > Article 44: where a registered trademark violates Article 4, 10, 11, 12 or 19(4) of this Law, or was registered by fraud or other improper means, the Trademark Office shall declare it invalid; other organizations or individuals may request the Trademark Review and Adjudication Board to declare it invalid. > Article 45: where a registered trademark violates Article 13(2) or (3), 15, 16(1), 30, 31 or 32 of this Law, the holder of the earlier right or an interested party may, within five years of the date of registration, request the Board to declare it invalid. For bad-faith registrations, the owner of a well-known mark is not bound by the five-year limit. > > [CNIPA reply of August 10, 2021](https://www.cnipa.gov.cn/jact/front/mailpubdetail.do?sysid=13&transactId=366492), translated by Ginbing ## How long does an invalidation case take? > The Trademark Review and Adjudication Board shall decide whether to maintain the registration or declare it invalid within twelve months of receiving the request, and notify the parties in writing. In special circumstances this may be extended by six months with the approval of the State Council's administrative department for industry and commerce. > > [CNIPA reply of July 30, 2021](https://www.cnipa.gov.cn/jact/front/mailpubdetail.do?sysid=13&transactId=361928), translated by Ginbing ## Can a mark under an invalidation request still be used? > Yes. > > [CNIPA reply of March 11, 2021](https://www.cnipa.gov.cn/jact/front/mailpubdetail.do?sysid=13&transactId=348387), translated by Ginbing ## An invalidation succeeds in part: is a new certificate issued? > A new registration certificate will be issued. > > [CNIPA reply of November 18, 2019](https://www.cnipa.gov.cn/jact/front/mailpubdetail.do?sysid=13&transactId=45776), translated by Ginbing ## I sought invalidation of an earlier mark and want to file now: can examination of my filing wait? > After requesting invalidation of another's mark, an applicant can file a request with the Trademark Office to defer examination. > > [CNIPA reply of April 8, 2021](https://www.cnipa.gov.cn/jact/front/mailpubdetail.do?sysid=13&transactId=350433), translated by Ginbing ## Related pages - [CNIPA's answers on refusal, opposition and Madrid](/docs/china-trademark/cnipa-answers-refusal-opposition-madrid) - [Responding to a refusal](/docs/china-trademark/responding-to-refusal) - [CNIPA's answers on the opposition process](/docs/china-trademark/cnipa-answers-opposition-process)