Trademarks
Under the law currently in force, any entity or individual may challenge a registration unused for three consecutive years without proper reason.
Evidence must relate to the statutory three-year window before the cancellation request.
Documents should show the mark functioning as a source identifier for the registered goods or services in China.
The 2026 revised Trademark Law takes effect on 1 January 2027; check the rules governing the action date.
Send us the issue, the relevant rights, and any deadline. We will route it to the right practice lead within one business day.
Contact UsA non-use cancellation does not primarily ask who deserves the brand. It tests whether a mature registration has been genuinely used, for the approved goods or services, during the relevant three-year period, or whether a proper reason excuses non-use. The procedure can clear blocking marks, but it can also expose weak record keeping in an active business.
The challenged goods matter. Evidence for one product does not automatically save every item in a broad specification, and related services may require their own proof.
Strong evidence connects the registered mark, the relevant goods or services, a commercial counterparty, China, and a date inside the period. Contracts, orders, invoices, payment records, delivery documents, product photographs, packaging, platform records, advertisements, exhibition materials, and licence documents can reinforce one another.
A single self-created image or undated brochure is easy to attack. Organize the file transaction by transaction and explain how each document connects to the next.
Compare the used sign with the registered mark. Minor differences may be acceptable in some circumstances, but material changes to words, graphics, or overall identity can break the link. Also verify that the user is the registrant, an authorised licensee, or another party whose use can legally benefit the registration.
OEM exports, online activity, promotional use, and token transactions are fact-sensitive. Preserve the surrounding commercial evidence instead of relying on a slogan that a particular document type always counts.
Create an annual evidence file for each important mark. Export platform data before retention periods expire, match samples to invoices, keep licence records current, and record the Chinese entity actually using the mark. A response period is a poor time to reconstruct three years of operations across departed staff and archived systems.
Where a mark is intentionally dormant, document the reason and assess whether it qualifies as a proper reason under current practice. Commercial preference alone may not be enough.
A registrant facing cancellation should assess the evidence, the challenged goods, settlement, fresh applications, and any related infringement claim together. A challenger should also plan its own filing and consider the statutory treatment of earlier cancelled marks. The governing law may depend on timing, particularly around the revised Trademark Law taking effect in 2027.
CNIPA: Trademark Law (2019 Amendment, currently effective)
This article is general information about Chinese IP practice, not legal advice for a specific matter. It was last reviewed on 2026-08-21. Rules, fees, and timelines change; confirm current requirements before acting. For advice on your situation, contact our team.