Three-Year Non-Use Cancellation: How to Defend Your Mark

28 7 月, 2026 | By ctms

China’s trademark law allows any third party to apply for cancellation of a registered trademark that has not been used for three consecutive years. This is a common tactic in trademark disputes.

How It Works

A third party files a cancellation request with CNIPA, claiming the mark has not been used. The trademark owner must provide evidence of use within the specified period.

Acceptable Evidence of Use

  • Contracts and invoices bearing the trademark
  • Advertising materials (print, online, broadcast)
  • Product packaging and promotional materials
  • Exhibition and trade show materials
  • Online marketplace listings

Protecting Yourself

Maintain a systematic archive of trademark use evidence. We provide guidance on documentation best practices to ensure you can defend against non-use challenges.