As to Madrid international trademark registrations to be extended to China, the Chinese Trademark Office may make two types of refusal based on the Chinese Trademark Law: total refusal or partial refusal. If the trademark of a certain Madrid international trademark registration to be extended to China is descriptive to all the goods designated to use, for example, the trademark "BEAUTY" on cosmetic goods in class 3, the Trademark Office will make a total refusal. If the trademark is descriptive to the function, use, quality, etc. of partial goods, for example, the trademark "BEAUTY" on goods in class 3 and class 7, is only descriptive to goods in class 3, the Trademark Office will make a partial refusal, refuses class 3 and protects class 7. If a Madrid international trademark registration is in conflict with a prior registered Chinese trademark, but the trademarks are identical or similar only on partial goods, the Trademark Office will refuse the partial identical or similar goods and protect the other dissimilar goods.
Where a request of review on refusal of Madrid international trademark registration includes classes no more than 3, the Trademark Review and Adjudication Board deems it as one application; where the classes are more than three, when one class is added, one application is deemed added. Where the classes are no more than 3, the reasons of review should be drafted separately for each class based on different cited trademarks, the reasons shall be submitted together as one application.
