China releases new rules to cancel trademarks

25 June 2025

China releases new rules to cancel trademarks

The China National Intellectual Property Administration (CNIPA) recently released its newly revised rules and requirements for Applications to Cancel Registered Trademarks for Non-Use Over Three Consecutive Years Without Proper Justification, offering relatively clearer guidance on practical implementation.

Key updates that applicants for such non-use cancellations should note include:

  1. Statement of Non-Use: Non-use cancellation applicants must explicitly state in their cancellation application that the targeted trademark has not been used for three consecutive years without proper justification.
  2. Preliminary Evidence: Submission materials must include preliminary investigative evidence demonstrating non-use, such as online search results, market research reports or similar documentation.
  3. Preliminary investigation evidence should include but is not limited to the following:
  • The registrant’s business scope, operational status or corporate standing.
  • Market investigations into the trademark’s usage, including searches on professional platforms, the registrant’s official website, social media accounts (e.g., WeChat public accounts), ecommerce platforms, physical business premises, on-site surveys, etc.
  1. Applicant Commitments: Before submission, applicants must review and accept a formal commitment stating:
  • Awareness that submitting false materials or concealing material facts constitutes untrustworthy conduct.
  • Commitment to act in good faith, conduct preliminary investigations confirming no market use of the trademark, and guarantee the accuracy and completeness of submitted information.
  • Acceptance of penalties under national credit management systems for breaches of commitments.

“The new rules definitely increase the burden of proof on non-use cancellation applicants,” said Nina Li, a partner at IP March in Beijing. “Previously, in non-use cancellation proceedings, the burden mainly rested on the trademark registrants. They needed to prove their mark had been properly used during the past three years. Non-use cancellation applicants, in contrast, usually bore a much lighter burden. Consequently, initiating a non-use cancellation request against a registered trademark was once so easy that any company or individual would consider this procedure to clear any prior obstacle for their later trademark application.”

Nina Li | partner @ IP March, Beijing

“To make cancellations more productive, multiple requests could be raised simultaneously or consecutively,” she continued. “As a result, trademark registrants had to collect and submit use evidence repeatedly to maintain their trademark registration. Some people even developed the practice of filing and withdrawing non-use cancellation requests into a business model, which the trademark office termed bad-faith non-use cancellations.”

She added: “To balance the burden borne by both parties, reinforce the stability of registered trademarks and deter abusive cancellation practices, the rules were changed. These changes are favourable to trademark registrants and will, of course, significantly increase the difficulty for later trademark applicants in utilizing non-use cancellation as a strategy. However, in the long run, whether the new rules represent a better application of relevant legal provisions and achieve a more balanced allocation of rights and obligations among all parties remains to be seen.”

From the perspective of trademark protection under Chinese law, Li said, the effective use of trademarks will receive increasing attention. 

“China has always adhered to the first-to-file principle,” she noted. “However, with the development of various trademark issues – such as bad-faith preemptive registrations of others’ trademarks and the substantial volume of zombie trademarks – actual use has become a critical factor in resolving disputes and conflicts.”

This trend is reflected in multiple provisions of the new draft amendments to the Trademark Law and the increasingly stringent examination standards for non-use cancellation requests in recent years.

“Consequently, for enterprises, strategically planning their trademark portfolio in China remains imperative, as it forms the foundation for securing effective protection,” she said. “Simultaneously, emphasizing genuine use and maintaining robust evidence of such use is of critical importance, as it ensures the stability of their trademark rights.”

- Excel V. Dyquiangco


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