Trademark Non-Use Cancellations in China Now Harder: CNIPA’s New Criteria

Trademark Non-Use Cancellations in China Now Harder – In a significant update to trademark enforcement, China’s National Intellectual Property Administration (CNIPA) has raised the standards for filing non-use cancellation actions under Article 49 of the Trademark Law. As a result, this change directly affects brand owners and IP professionals seeking to remove inactive marks from the registry.

Trademark Non-Use Cancellations in China Now Harder : Key Changes to Non-Use Cancellation in China

Previously, applicants could file for cancellation without providing much evidence. However, in an effort to curb abuse and improve the overall quality of applications, CNIPA now requires preliminary evidence that the trademark has not been used for three consecutive years in China.

Specifically, applicants must submit:

• A basic investigation report showing lack of use across advertising, sales, online platforms, and physical premises;
• Additionally, screenshots from at least three online platforms (e.g., Baidu, Taobao, WeChat), with a minimum of five pages per platform;
• Furthermore, information about the registrant’s business status and scope of operations.

This new evidential threshold, therefore, aims to prevent frivolous or malicious filings—particularly those submitted for anti-competitive reasons or in bulk.

Trademark Non-Use Cancellations in China Now Harder: Anti-Abuse Safeguards Introduced

To address growing concerns about trademark trolling and bad-faith cancellation, CNIPA may now ask repeat applicants to reveal their true identity, the purpose of the application, and their relationship to the trademark in question. This is especially the case when multiple filings are made against the same registrant.

Such measures are designed not only to discourage misuse of the non-use cancellation process but also to protect legitimate trademark owners.

What This Means for Trademark Owners – Trademark Non-Use Cancellations in China Now Harder!

Consequently, brand owners must take proactive steps to preserve their trademarks in China. These steps include:

• Ensuring consistent use of the mark across all registered goods and services;
• Keeping proper records—such as sales invoices, advertisements, product packaging, and website screenshots;
• In addition, monitoring third-party filings closely to defend your marks promptly.

For applicants considering cancellation actions, it is therefore essential to first conduct a thorough investigation before filing. Moreover, they must ensure that all supporting documents are complete, accurate, and fully compliant with CNIPA’s current requirements.

Conclusion

In summary, these reforms represent China’s commitment to a more reliable and fair trademark system. By raising the evidentiary bar and discouraging bad-faith actions, CNIPA is making it harder to weaponize the non-use cancellation process—while at the same time reinforcing the need for genuine use and strategic trademark management.

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Source: https://www.chinaiptoday.com/post.html?id=2220