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.
