A Significant Adjustment for Non-Use Trademark Cancellation in China

According to the latest official notice, the CNIPA (CTMO) adjusted the requirements for filing non-use cancellation against a registered trademark.

According to Trademark Law (Article 49), «Where a registered trademark ... has not been put in use for three consecutive years without a justifiable reason, any entity or individual may apply to the trademark office for revocation of the registered trademark».

According to Regulation on the Implementation of the Trademark Law (Article 66), «any entity or individual may apply to the Trademark Office for cancellation of the registered trademark, and a relevant explanation shall be attached to the application submitted».

Specifically, the cancellation applicant shall submit a preliminary investigation report on the fact that the trademark has not been used for three consecutive years, mainly including the following:

1. Basic information about the trademark registrant, including business scope, business status, trademark registration status, etc.
2. The investigation reports and evidences on the registrant's sales of goods or provision of services, business premises or office premises, etc.
3. The investigation evidences searched on comprehensive online platforms, industry websites of registered goods or services. Relevant searches should include consecutive five full pages starting from the first page, and the platforms provided should be no less than three.

In this way, the current practical operation is refined to “submit investigation reports and evidences”. Earlier, the cancellation applicant was only required to file some preliminary evidences collected from the Internet to prove that the other party did not use the trademark. Now, the CNIPA asks for much more detailed evidences with the investigation report.

For the first time, the adjustment requires the applicant to file systematic and quantified evidences to prove "non-use" of a registered trademark. Meanwhile, higher requirements are placed on the professional capabilities of trademark attorneys and agencies.

This new adjustment aims to crack down the cancellation applications with bad faith, restraining the behaviors that disrupt IP market order. For the trademark registrant, it is suggested retain evidences of trademark use regularly to respond to reasonable non-use cancellation from any interested parties.