For our client American Express, Eligon secured a favorable decision before the China National Intellectual Property Administration (CNIPA), overcoming one of the most difficult refusal grounds in China: country name refusal (absolute ground).
The application had initially been refused on the grounds that the mark incorporated a country name element and conflicted with earlier registrations. Such objections are applied strictly in China and frequently present a meaningful barrier for international brands whose names include geographic references (think American Airlines, Chian Mobile, Bank of America etc.).
Eligon advised on and implemented a targeted, phased prosecution strategy, addressing both the country name issue and the cited marks through alignment with existing rights and carefully calibrated appeals. The approach required persistence over several years and a clear focus on securing protection where it matters most commercially. After all, our goal is not to win every battle but to win the war.
Following sustained efforts, CNIPA was ultimately persuaded – representing a rare win in China, where success rate in this type of appeal is typically in the single digits.
The decision is meaningful not only legally but also commercially.
This matter illustrates Eligon’s ability to navigate technical objections in China trademark practice and to deliver measured, strategic outcomes that align legal success with business priorities.