Weekly China Trademark News Updates

February 9, 2022

2021 Annual Trademark Right Authorization and Confirmation Statistics

In 2021, the CNIPA received a total of 7.739 million applications and has accumulated a total of 36.65 million valid registrations. Please see below some of the more important statistics, including rejection appeal, opposition, invalidation, and cancellation. Please note that these statistics are collected from a third party website and are not official statistics released by the CNIPA.

Rejection Appeal and related administrative litigation statistics

In 2021, among all 308,000 rejection appeal cases, 209,000 cases can be collected from a third party website to show that 63% of the rejection appeal are unsuccessful and that leaves 37% successful challenges.

The success rate for first instance appeal against unfavorable rejection appeal decision is only 29%, however, the success rate at the second instance appeal increases slightly to 32%.

Trademark opposition statistics

In 2021, among the 155,000 cases that can be collected from a third party website, opposition success rate, including partially rejected case, is 48%.

Invalidation and related administrative litigation statistics

In 2021, the CNIPA decided 58,000 cases and 49,000 can be collected from a third party website, invalidation success rate is 73%.

 In 2021, the first instance invalidation success rate is 16% and the second instance success rate is only 8%.

 Cancellation and related administrative litigation statistics

In 2021, among all 13,000 cancellation appeal cases, 11,000 can be collected from a third party website, cancellation appeal success rate, including partially cancelled, is 56%.

In 2021, the first instance cancellation appeal success rate is 22% and the second instance success rate is only 11%.

Please note that in 2021, the success rate to appeal the application not allowed for registration is only 15% before the CNIPA and that low success rate remains the same at first instance and drops to 5% at the second instance. Obviously, if a trademark application is not allowed for registration, it is recommended to discuss further with your Chinese trademark attorneys.

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