A Higher Bar for Applicants
The China Trade Mark Office (CTMO) has recently introduced
significant changes regarding the evidence required for non-use
cancellations (NUC).
Historically, the examination process required applicants to
provide prima facie evidence demonstrating that the mark in
question had not been used. This evidence typically consisted of
keyword search results related to the mark, registrant, and the
goods/services designated, with the burden of proof resting on the
registrant.
Changes in Examination Practices
In July 2024, the CTMO changed its examination practices for
NUC. The CTMO introduced more rigorous reviews of NUC filings,
especially if an applicant submitted a large number of NUCs within
a certain period of time. According to the CTMO, some brand owners
have been suffering from repeated NUCs filed in bad faith. The
examination change aimed to address concerns regarding potential
misuse of the NUC process for monetary gain and served
