CHINA: Notification Adds to Evidence Required for Three-Year Non-Use Cancellation

The China National Intellectual Property Administration (CNIPA) has released an official notification titled “Application to Cancel a Registered Trademark That Has Not Been Used for Three Consecutive Years Without Justifiable Reasons” (the Notification) on its official website.

The Notification, which was released on May 26, 2025, includes additional requirements for filing a non-use cancellation. As well as the “Form for Cancellation Due to Three Years of Non-Use,” applicants are required to provide preliminary investigation proof demonstrating the trademark’s non-use for three consecutive years, such as online search results and market research reports.

The Notification specifies the preliminary investigation evidence of non-use, including but not limited to the following:

1. Commercial registry information about the trademark registrant, if it is a legal entity, such as its business scope, operational or legal status; and
2. Market research reports about the use of the trademark concerned in relation to its designated goods or services, including search results obtained from general search engines, the registrant’s official website, WeChat public accounts, e-commerce platforms, and reports of on-site investigations at the registrant’s business or office premises.

According to Article 66 of the Regulations for the Implementation of the Trademark Law of the People’s Republic of China, “[i]f a registered trademark has not been used for three consecutive years without justifiable reasons as provided for in Article 49 of the Trademark Law, any entity or individual may apply to the Trademark Office for the cancellation of the registered trademark, and shall explain the relevant circumstances when submitting the application.”

Past practice allowed for evidence like full-page search screenshots obtained from major comprehensive search engines (such as Baidu or Bing) or e-commerce platforms (such as Taobao or JD.com) to be sufficient to meet the official requirements for filing a non-use cancellation.

The new, official requirements provide stricter criteria to deal with malicious cancellations, which may refer to the following:

• Cancellations repeatedly filed by a seemingly non-relevant natural person;
• Cancellations against big companies such as listed companies; or
• Cancellations against trademarks which have been maintained valid in prior non-use cancellation decisions within the recent three years.

The CNIPA Notification, with detailed instructions on the preliminary evidence required to prove non-use, serves as practical guidance for examiners handling non-use cancellation cases. 

Editor’s Note: Earlier this year, INTA held policy dialogues with CNIPA and the Beijing Bar Association to discuss the non-use cancellation evidential requirements.

Although every effort has been made to verify the accuracy of this article, readers are urged to check independently on matters of specific concern or interest. Law & Practice updates are published without comment from INTA except where it has taken an official position.

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