Increased evidence required for Non-Use Trademark Cancellations

The China National Intellectual Property Administration (CNIPA) has issued rectification notices to certain trademark agencies and law firms concerning non-use cancellation applications. The move removes the ability to file cancellation requests arbitrarily and elevates the standard of evidence required for these applications.

The rectification notice mandates that applicants provide preliminary evidence demonstrating that the registered trademark has not been used in the market for over three years. The required search must encompass at least three platforms, with each search engine screenshot containing sufficient information. They are also now expected to supply preliminary information about the registrant, such as business scope and operational status, amongst other things.