China's Trademark Office has refined the rules governing the cancellation of trademarks that have not been used for at least three consecutive years, following the release of a revised regulation on May 26, 2023. The updated regulation now requires applicants to submit "preliminary evidence" demonstrating that the contested trademarks have not been used during the three-year period when initiating their cancellation applications.

Below is the English translation of the regulation:

Application for Cancellation of a Registered Trademark for Non-Use Without Justifiable Reason for Three Consecutive Years

In order to improve the application efficiency and guide applicants in applying for the cancellation of a registered trademark for non-use without justifiable reason for three consecutive years, the Trademark Office has revised the contents of the "Application for Cancellation of a Registered Trademark for Non-Use for Three Consecutive Years," which was released in March 2023. The revised details are as follows:

1. Legal Basis and Application Requirements

According to Article 49 of the Trademark Law of the People's Republic of China and Article 66 of the Regulations for the Implementation of the Trademark Law of the People's Republic of China, any unit or individual may apply to the China National Intellectual Property Administration (CNIPA) for the cancellation of a registered trademark that has not been used for three consecutive years without justifiable reasons. The application should provide relevant details.

2. Application Procedures

(1) Online Application by the Applicant

Applicants may submit their applications via the trademark online service system. The submission process is detailed in the "Online Application" section of the China Trademark Network.

Website for the trademark online service system: https://sbj.cnipa.gov.cn/sbj/wssq/

(2) Submission at the CNIPA Trademark Registration Office

Applicants may also visit the CNIPA Trademark Registration Office to submit their applications.

Office Address: 1 Chama South Street, Xicheng District, Beijing, 100055, China

Office Hours: 8:30-11:30, 13:30-16:30

Contact Number: 010-63218500

(3) Submission via Trademark Agencies

Applicants may entrust a trademark agency registered with the CNIPA to handle the application.

3. Required Application Materials

(1) Documents to be Submitted

• Application Form for Cancellation of Registered Trademark for Non-Use for Three Consecutive Years.

• Preliminary investigation evidence indicating that the trademark has not been used for three consecutive years without justifiable reason, such as online search results or market research reports.

• A copy of the applicant's identification document (e.g., business license, ID card) signed or stamped by the applicant.

• If a trademark agency is entrusted, a trademark agency authorization letter must be submitted.

(2) Specific Requirements

• The application form should be filled out truthfully and formatted as required; applicants must not modify the format. The form should be typed or printed.

• The name of the applicant and the seal/signature on the application must match the applicant's identification document. For individuals, the ID number should be included next to the name.

• The applicant's address should include the administrative division (province, city, county, etc.) as stated in the identification document. If the document does not specify such divisions, the applicant should add them. For individuals, a mailing address can be used.

• When entrusting a trademark agency, the agency's name must be filled in, and the agency's seal/signature should appear in the corresponding section.

• For cancellation of a jointly owned trademark, the representative's name should be entered in the "Trademark Registrant" section.

• If applying for the cancellation of only certain goods/services, the relevant goods/services should be specified in the "Goods/Services to be Canceled" section, matching the approved items exactly. Use semicolons to separate items (attach additional pages if needed). If applying for the cancellation of all goods/services, "All" should be stated.

• According to the Regulations for the Implementation of the Trademark Law, the application should explain the circumstances of the trademark's non-use for three years, along with preliminary investigation evidence(such as online search results or market research reports).

• If the applicant is a legal entity or organization, the application form should bear the entity's seal. For individuals, the applicant should sign in the appropriate section. The seal or signature must be clear and complete.

• Prior to submission, applicants should check the registration status of the trademark to be canceled and complete the application form based on the information of the current registrant.

• Applications for cancellation can only be filed with the CNIPA after three years from the date of publication of the trademark registration.

• For the cancellation of an international registered trademark, as per Article 49, Paragraph 2 of the Trademark Law, the application should be submitted no earlier than three years after the expiration of the refusal period for the international registration application. If the application is still undergoing appeal or opposition processes when the refusal period expires, the application should be submitted no earlier than three years after the effective date of the decision granting registration.

• Parties dissatisfied with the decision may request a review from CNIPA within 15 days of receiving the cancellation decision.

• "Applicant's Commitment" section: The applicant should read the commitment content carefully before submission. Once the application is submitted, the applicant is considered to have accepted the commitment.

• The applicant's qualification documents must comply with the requirements of the "Trademark Examination and Trial Guide," Section 5.1 in Chapter 1 of the First Part, and the trademark agency authorization letter and related documents must conform to Section 5.2 of the same Chapter.

• Preliminary investigation evidence for non-use may include, but is not limited to the following: information regarding the applicant's business scope, operational status, or existence; market research on the contested trademark; investigations through professional databases; online searches of the trademark owner's official website, WeChat account, e-commerce platforms, offline production or business premises; as well as other evidence gathered from market surveys or on-site investigations.

4. Fee Payment

Upon receiving the cancellation application, if it meets the acceptance criteria, CNIPA will issue a payment notification. If the applicant fails to pay the fee as required, the application will not be accepted, and the applicant will be notified in writing. Fees are charged based on category. For specific fee standards, please refer to: https://sbj.cnipa.gov.cn/sbj/sbsq/sfbz/

5. Trademark Document Receipt

Once the fee is paid, CNIPA will send the applicant a notice of acceptance of the cancellation request and will notify the trademark registrant to provide evidence of use. After reviewing the evidence submitted by the trademark registrant, CNIPA will make a decision on whether to cancel the trademark and notify both the registrant and the applicant in writing. If the application is handled through a trademark agency, the decision will be sent to the agency.

6. Important Notes

Please carefully read the instructions on the reverse side of the application form.

The applicant's name, address, postal code, and telephone number must be accurate and clear to facilitate contact.