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Update on Non-Use Cancellation Practices of the Trademark Office of the China National Intellectual Property Administration (CNIPA)
Update on Non-Use Cancellation Practices of the Trademark Office of the China National Intellectual Property Administration (CNIPA)
Pursuant to Article 49 of the Trademark Law of the People's Republic of China (amended in 2019) and Article 66 of the Implementation Regulations for the Trademark Law of the People's Republic of China (amended in 2014), where the use of a registered trademark has ceased for three consecutive years without justifiable reason, any unit or individual may file for cancellation with the Trademark Office of the China National Intellectual Property Administration (CNIPA) (hereinafter referred to as the "Trademark Office"). This type of cancellation petition, resulting from non-use for three consecutive years, is commonly referred to in Mainland China as the "Three-Year Non-Use Cancellation" (hereinafter referred to as the "Non-Use Cancellation").
On 26 May 2025, the Trademark Office amended its official guidelines for non-use cancellation which was originally published in March 2023 (hereinafter referred to as the "Non-Use Cancellation Guidelines"), in an effort to enhance the efficiency of processing non-use cancellation cases. The key points of the updated Non-Use Cancellation Guidelines are outlined below:
1. Background of the Amendments
Prior to the current amendments, non-use cancellation applicants could file for cancellation by briefly explaining the non-use of the trademark and submitting the screenshots of online search results, while the burden of the proof regarding actual trademark use lay with the trademark owner. Moreover, many non-use cancellation applicants choose to file for trademark cancellation anonymously.
The lighter onus of proof and lower application cost have resulted in a significant upsurge in non-use cancellation applications, including a gradual increase in malicious non-use cancellation applications.
The so-called malicious non-use cancellation applications should include, but are not limited to, the following scenarios, based on current practice in China:
(1) The same applicant persistently files for a large number of non-use cancellation applications over an extended period of time;
(2) The applicant files for non-use cancellation applications without a justifiable purpose, despite knowing or having reasons to know that the trademark has actually been used;
(3) The applicant repeatedly files non-use cancellation applications against the same trademark without legitimate grounds, or files such applications against multiple associated trademarks;
(4) A trademark agency represents both the trademark owner and the non-use cancellation applicant in the same or related matters;
(5) Any other behavior that contravenes the principles of good faith.
Since 2024, the CNIPA has implemented various measures to curb malicious non-use cancellation applications, including restrictions on anonymous filings, in an attempt to deter abuse of cancellation mechanism, such as using the withdraw of the non-use cancellation applications as a bargaining chip for damages, in order to carry out the purpose of safeguarding the trademark owners' rights.
2. Key Points of the Amended Guidelines
(1) Explicitly sets forth that the applicant shall submit preliminary evidence of non-use for three consecutive years, such as internet search results or market research reports
i. According to Article 66 of the Implementation Regulations for the Trademark Law of the People's Republic of China (amended in 2014), non-use cancellation applicants shall elaborate on the circumstances regarding non-use for three consecutive years and submit the preliminary evidence supporting non-use of the trademark during the same period, such as online search results and market research reports.
ii. The CNIPA states in the recent revision of the Non-Use Cancellation Guidelines that the scope of preliminary investigation include, but is not limited to the following:
(i) Information regarding the trademark registrant's scope of business or operations, operation status or legal status;
(ii) Market research on the trademark under application, with related surveys not limited to those conducted on professional survey platforms;
(iii) Other evidentiary materials including the registrant's official website, official account on WeChat, other e-commerce platforms, online search related to on-site production bases, market survey reports and on-site investigations.
(2) Explicitly sets forth that the applicant shall submit the copies of identity documents bearing stamps or signature such as business licenses or ID cards
i. The name of the applicant and the stamp (signature) affixed in the stamp (signature) section shall be consistent with the identification verification documents. Applicants shall provide their personal ID numbers if they are natural persons.
ii. The applicant shall provide a complete address including the administrative divisions of province, city and county. The applicant shall add the corresponding administrative divisions if the address in the identification verification documents does not include such information. The applicant, if being a natural person, may provide a mailing address.
iii. If the applicant is represented by a trademark agency, the agency's name must be indicated, and the signature of the trademark agency's legal representative and the agency's official seal shall be properly affixed in the "Agency Seal/Agent Signature" section.
iv. Applicants that are legal organizations or other entities shall affix their official seals in the "Applicant's Seal (Signature)" section. If the applicant is a natural person, a signature should be provided in this section. All seals or signatures must be complete and clearly legible.
v. The identification qualification documents submitted by the applicant must comply with Section 5.1, Part 1, Chapter 1 of the "Trademark Examination Guidelines", powers of attorney and related documents must comply with Section 5.2 of the same chapter.
3. Latest Developments in Practice
Since the second half of April 2025, China's Trademark Office has begun issuing notices of amendment, requesting the non-use cancellation applicants' trademark agencies to submit letters of undertaking, which must confirm that neither the applicant nor the agency has concealed the true identity of the applicant or any material facts, and that all submitted materials are true, accurate and complete.
In addition, notices of amendment issued by the Trademark Office also require applicants to submit investigation data in a standardized format, along with search results using keywords such as (a) the name of the trademark registrant, (b) the name of the trademark, and (c) the goods/services designated for the trademark.
If the applicant and the registrant are located in the same region, the Trademark Office may further require more in-depth investigations, such as on-site inspections.
Applicants are generally given a 30-day time limit to respond to the request for amendment in the non-use cancellation cases, as indicated by China's Trademark Office. Failure to respond within the prescribed time limit will result in dismissal of the non-use cancellation application.
Notably, since the second half of May 2025, only the submission of additional evidence, rather than letters of undertaking, has been required in the notices of amendments.
4. Conclusion
Currently, the CNIPA appears to place greater emphasis on the sufficiency of preliminary evidence in non-use cancellation applications. While a stricter review standard is generally applied in principle, applicants are usually given opportunities to supplement their materials and provide explanations.
Additionally, China's Trademark Office may create a list of abnormal non-use cancellation applicants based on data analysis. The measure may affect the credibility of certain applicants and subject them to penalties.
As mentioned above, it is advisable to take the following measures in response to the amended Non-Use Cancellation Guidelines. Applicants should strengthen the collection of supporting evidence and carefully assess all sorts of factors, such as the applicant's background, the factual circumstances of the case, and the status of the trademark. This assessment is essential to determine whether it is appropriate to proceed with filing non-use cancellation applications through an agency or anonymously, in order to avoid rejection by the Trademark Office or being blacklisted.