Office Action. Upon receiving an Office Action, the applicant must submit a written response — addressing the examiner's concerns or amending the application — within 15 days of receipt. Where served electronically, the notice is deemed received 15 days after issuance, giving a practical window of 30 days from the issue date. Failure to respond within this period does not prevent the examiner from proceeding to a decision.
Refusal Notice. If the applicant disputes a Refusal Notice, an application for reexamination must be filed with CNIPA within 15 days of receipt. Where served electronically, the notice is deemed received 15 days after issuance, giving a practical window of roughly 30 days from the issue date. If the review decision remains unfavorable, the applicant may file an administrative lawsuit with the Beijing IP Court within 30 days of receiving that decision, with a further right of appeal to the Beijing High People's Court.
In practice, the outcome of a review turns on the status of the cited mark. Strategies commonly run in parallel include filing a non-use cancellation or an invalidation action against the cited mark, negotiating a coexistence agreement or an assignment with its owner, and arguing that the goods are dissimilar and the marks distinguishable.
