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GUIDE 24 · DURING APPLICATION

Can goods or services be divided after a partial refusal?

Frame the division question for current procedure review.

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Direct answer

Where CNIPA partly refuses one application, the applicant may be able to divide the preliminarily approved portion into a separate application. Division is a specific procedure, not a way to erase the refusal of the other goods or services.

Check that the fact pattern fits

Article 22 of the Trademark Law Implementing Regulations describes division when part of an application for designated goods is refused and another part has been preliminarily approved. The separated portion keeps the original filing date and receives a new application number for publication. The official partial-refusal notice, not the applicant’s preferred product groups, identifies the relevant portions.

Preserve the deadline and record

Article 22 of the Trademark Law Implementing Regulations gives the applicant 15 days from receipt of the partial-refusal notice to request division. The responsible agent should calculate the date from the actual service record and check the current filing channel. CNIPA’s public responses also explain that online users may need a paper route for this step; those answers must be checked against the current system before filing.

Treat the refused part separately

Division can allow the preliminarily approved goods to proceed through their own publication process. It does not register them immediately, and it does not itself overturn the refused portion. Whether to pursue review of that portion, change the business plan or file another mark is a separate decision. Keep both resulting application numbers, notices and responsible owners in one matter tracker.

Questions to put in a case brief

  1. Does the notice state a partial refusal and an approved portion?
  2. When was it served, and what is the applicable division deadline?
  3. Who will confirm the current submission channel?
  4. Is there a separate decision about the refused portion?

The 2019 amended Trademark Law is the applicable law on this source-check date. The 2026 revised Trademark Law was enacted in June 2026 and is scheduled to take effect on 1 January 2027. A matter crossing that date needs the governing text and any final implementing measures checked again; this guide does not apply the future law early.

This page is ChanYond’s independent explanation of public source material, not an official CNIPA or WIPO statement. Exact procedural deadlines, eligibility, fees and available remedies must be checked against the actual notice, the current official instructions and the facts of the matter. A filing or registration outcome is never guaranteed.

Official sources and scope

The links below are the official materials checked on 2 November 2026. For a particular matter, check the operative text, any implementing measures and the actual notice before acting.

A MATTER TO DISCUSS?

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