By Seven Liu
China’s trademark legal framework grants powerful protection to trademark owners, but it also expects them to use their marks. Under Article 49 of the Trademark Law, any registered trademark in China may be cancelled upon request if it has not been used for three consecutive years without justifiable reasons. This mechanism is widely known as “撤三” (Chè Sān, Three-Year Non-Use Cancellation).
In May 2025, the China National Intellectual Property Administration (CNIPA) issued an updated guideline clarifying application procedures, evidence requirements, and investigation standards for cancellation cases, offering essential clarity to both domestic and international applicants.
This article offers a practical breakdown of the revised requirements and examines the implications for foreign rights holders.
I. Legal Framework and Who Can Apply
Under Article 49 of the Trademark Law and Article 66 of its Implementing Regulations, any person or entity — regardless of their interest — may request the cancellation of a registered trademark that has not been used in commerce for three consecutive years, unless the non-use can be justified.
This provision serves both as a cleanup tool against inactive marks and a market access mechanism for newcomers seeking to clear dormant rights.
II. How to File a Cancellation Application
There are three main ways to file:
- Electronically via the CNIPA online system: https://sbj.cnipa.gov.cn/sbj/wssq/
- In person at CNIPA’s office in Beijing
- Via a licensed trademark agency (mandatory for foreign entities)
III. Required Application Materials
The applicant must submit the following materials:
The Application Form for Cancellation of a Registered Trademark Not Used for Three Consecutive Years Without Justifiable Reasons
Preliminary investigation evidence showing that the trademark in question has not been used for three consecutive years without justifiable reasons, such as online search results, market research reports, etc.
A copy of the applicant’s identification document, such as a business license (for legal entities) or ID card (for individuals), stamped or signed for confirmation
If the application is filed through a trademark agency, a Power of Attorney for Trademark Agency must also be submitted.
IV. Clarified Evidence Requirements: What Counts?
This is where the 2025 updates matter most. “Specific Requirement 15” now explicitly outlines what CNIPA accepts as preliminary evidence of non-use. It includes but is not limited to:
- Business scope and operating status of the registrant
- Market research reports
- Results from:
- Official websites
- E-commerce platforms (Taobao, JD.com, etc.)
- Social media accounts (WeChat public accounts)
- On-site inspections
- Professional databases and public records
- Official websites
Key Insight: Investigations are no longer limited to online searches: physical field research and offline verification are encouraged. This is especially useful when challenging shell companies or “zombie” trademarks.
V. Overview of the Examination Procedure
1. Upon receiving the cancellation request, the China National Intellectual Property Administration (CNIPA) will review it. If it meets the acceptance criteria, a payment notice will be issued to the applicant.
2. After the applicant completes the payment, CNIPA will issue a Notice of Acceptance of the Cancellation Request to the applicant and simultaneously send a Notice to Submit Evidence of Trademark Use to the trademark registrant, who must respond within two months.
3. CNIPA will evaluate the use evidence submitted by the registrant.
4. CNIPA will issue a written decision to either cancel or maintain the trademark registration.
The parties may apply for administrative review (reexamination) if they disagree with the decision. If the registrant fails to provide use evidence or the evidence is insufficient, the trademark will be cancelled.
VI. Legal Remedies
If either party is dissatisfied with the cancellation decision:
· They may apply for reexamination with CNIPA within 15 days of receiving the decision.
· If dissatisfied with the reexamination result, they may file a lawsuit with a People’s Court within 30 days of receiving the reexamination decision.
VII. Implications for Foreign Trademark Owners
Use it or lose it
Owning a trademark in China means using it or at least being able to prove use. Even non-core or inactive marks should be monitored for usage and renewal strategies.
Don't ignore notices
Once a cancellation is filed, the burden is on the registrant to prove use. Silence equals loss. Ensure you have a Chinese address for service and an alert trademark agent.
Consider proactive use evidence preservation
Even minimal use, like invoices, advertising, or e-commerce listings, can protect your trademark. But be sure the documents:
- Fall within the relevant 3-year period
- Identify the mark clearly
- Show connection to the registered goods/services
For challengers: gather varied and multi-source evidence
A successful challenge doesn’t require “perfect proof,” but broad and credible evidence from both online and offline sources helps ensure the CNIPA finds non-use.
VIII. Comparative View: A Global Tool with Local Characteristics
The three-year non-use rule mirrors cancellation systems in many jurisdictions (e.g., U.S. 3-year abandonment, EU 5-year revocation). However, China differs in two key aspects:
- Anyone can initiate cancellation, regardless of standing
- The process is administrative, not judicial, making it faster and more accessible, but also requiring front-loaded, high-quality evidence
This makes China’s system both powerful and risky for trademark owners, especially those who hold registrations as “defensive marks” but fail to use them.
IX. Final Thoughts: Strategic Use, Strategic Defense
The revised CNIPA guidelines mark a continued shift toward evidence-based enforcement and transparency in trademark governance. For rights holders, the lesson is simple:
A trademark is not just a certificate: it’s a business asset that must be actively maintained.
For applicants, the system offers a legitimate route to clear unused marks and open space for innovation and entry.
Need assistance in filing or defending a three-year non-use cancellation case in China?
Allasya Law & IP offers tailored support — from evidence investigation to strategy design — across China and key overseas markets.
Cover photo by Mohammed Alqarni on Unsplash