Refused Under Article 4 in China: Bad-Faith Filing Without Intent to Use and How to Respond

A refusal from CNIPA that cites Article 4 of China's Trademark Law is different from the usual "similar to an earlier mark" refusal. It says the examiner considers your application a bad-faith filing made without intent to use. The objection is about the applicant's filing behaviour as a whole, not about one conflicting mark, so the response has to show that you genuinely intend to use the mark and that your filings match your business. Foreign brand owners sometimes run into it after filing broad defensive programmes across many classes. This guide explains how Article 4 is assessed, how to respond to a refusal and how to file so it does not happen. Article numbers follow the current law (2019 amendment). In the revised Trademark Law in force from 1 January 2027 the rule moves to Article 19(1), which refuses applications not intended for use that clearly exceed normal business needs. It sets out general rules; a specific case needs professional advice.

What Article 4 covers

Since the 2019 amendment, Article 4 says that bad-faith applications not intended for use shall be refused. It targets hoarding and the mass filing of marks for resale.

It applies beyond examination. Anyone may oppose a published application on Article 4 grounds, and anyone may request invalidation of a registration; CNIPA can also declare such a registration invalid on its own initiative.

What the examiner looks at

Article 8 of the Provisions on Regulating Trademark Application and Registration Activities, issued by the State Administration for Market Regulation, lists the factors. In short:

The number of marks filed by the applicant and related parties, the classes covered and any trading in marks. Many filings in a short period, classes far removed from the applicant's business and frequent assignments all draw attention.

The applicant's industry and actual operations. A company with one product line filing in thirty classes looks different from a group that sells across those classes.

Whether the applicant has been found in a final decision or judgment to have filed in bad faith or infringed trademarks.

Whether the mark copies someone else's known mark, a well-known person's name, a trade name or another commercial sign.

A single filing is rarely enough on its own; examiners usually look at the applicant's portfolio as a whole.

Responding to a refusal

A request for review must be filed within 15 days of receiving the refusal. File it on time and build the evidence during the review; a foreign applicant without a business establishment in China acts through a CNIPA-recorded agency.

The review has to answer two questions: why so many filings, and will you really use them? Useful evidence:

Your business: products or services actually sold under the brand, in China or elsewhere, with invoices, catalogues and distribution contracts, so that the goods in the application match what you do.

Preparations for use in China: launch plans, distributor or manufacturing agreements, packaging designs and marketplace listings in preparation.

The logic of the filing programme: core classes and subclasses for the main brand, separate marks for separate product lines, Chinese-language versions of the brand. Be ready to explain each filing. Withdrawing filings you cannot justify is better than having the whole portfolio treated as bad faith.

No trading in marks and no copying of other people's known marks.

If the review fails, you can appeal to the Beijing Intellectual Property Court within 30 days of receiving the decision.

Filing so it does not happen

Decide what each class is for before filing. Cover your core goods thoroughly, subclass by subclass, rather than filing in every class "just in case". How to draft by subclass is covered in China's Trademark Subclasses.

File in the name of the group company that actually trades in China, rather than scattering the same mark across several affiliates.

Use the marks once registered and keep the evidence. From 2027 the revised law adds fines for bad-faith filings, and registrations unused for three consecutive years can be cancelled by the authorities under procedures to be issued separately; see China's Revised Trademark Law (2027).

If someone else has filed your brand in bad faith, Article 4 works for you: oppose during publication or seek invalidation after registration. See Trademark Squatting in China.

Frequently asked questions

We only filed a few marks. Can Article 4 still apply? It is less likely, but it can, especially if a mark copies someone else's known brand or has nothing to do with your business.

Our marks are used abroad but not yet in China. Is that a problem? No. Article 4 does not require prior use in China; it asks whether you intend to use the mark. Evidence of use abroad and plans for China help.

Will a refusal under Article 4 affect our other applications? Examiners look at the applicant's whole portfolio, so explain the programme consistently across all responses.

J&C Intellectual Property Agency, founded in 2008, is a CNIPA-recorded trademark agency and a member of the China Trademark Association. We handle trademark filings, refusal reviews and oppositions in China for foreign brands; see our trademark registration service.