In recent years, there has been a notable surge in both trademark applications and non-use cancellation requests, triggering widespread concerns over application quality and potential abuse of the cancellation mechanism. Some applicants file non-use cancellation petitions without adequate evidentiary support or for improper motives, which not only disrupts the normal operation of the trademark system but also infringes upon the legitimate rights of trademark owners.
To maintain the integrity and operational efficiency of the trademark system, the China National Intellectual Property Administration (CNIPA) issued a set of revised regulations on trademark non-use cancellation on May 26, 2025, updating the previous rules. These new requirements explicitly mandate that applicants must submit preliminary evidence proving the trademark has not been used for three consecutive years. Such evidence may include but is not limited to:
(1) Information regarding the business scope and operational status of the trademark registrant;
(2) Trademark-related market investigation reports;
(3) Materials sourced from professional databases, the registrant’s official website, WeChat official account, e-commerce platforms, and on-site inspections of production and business premises.
The newly-issued CNIPA regulations on trademark non-use cancellation are summarized as follows:
1. Revised Evidence Requirements
Applicants are required to submit preliminary evidence demonstrating the alleged three consecutive years of non-use of the disputed trademark, including:
a) Search Results from Diverse Platforms - Search results using the disputed mark, designated goods/services, or the registrant as keywords on at least three platforms (e.g., Baidu, Bing, Sougou, Taobao, JD.com, Pinduoduo, WeChat, Weibo, Xiaohongshu), with coverage of five consecutive pages of results for each platform.
b) Registrant’s Basic Information - Documentation on the disputed mark’s registrant, including its business scope and operational status, trademark registration status (e.g., validity, renewal records).
c) In the event that the trademark registrant remains in operation or an active status, and both the non-use cancellation applicant and the registrant are situated within the same province, the applicant must submit an investigation report, along with corroborating evidence, that details the registrant's product sales or service provision activities. Additionally, evidence regarding the registrant’s business or office premises, such as photos, lease agreements, or property records, should be included.
d) When there are pending trademark applications related to the case, especially those where the disputed trademark is cited as a basis for opposition against other applications, the non-use cancellation applicant is obligated to disclose comprehensive information about these related applications, including their filing dates, application numbers, and the nature of the disputes involved.
2. Identity Verification
a) Trademark agencies are now required to submit a Statement certifying that they have not concealed the identity of the actual applicant filing the non-use cancellation request. The entity that files the non-use cancellation must also confirm that all submitted materials are true, accurate, and complete.
b) The applicant must also provide written confirmation that all submitted materials are truthful, accurate, and complete, underscoring the legal consequences of providing false information.
3. Rectification Procedure
In cases where the initial submission lacks the required evidence or documentation, the CNIPA will issue a formal notice granting a 30-day grace period for submitting a supplementary submission.