Probative Value Of OEM Evidence In Non-use Cancellation Actions In China

The life of a trademark lies in its use. To eliminate "deadwood trademarks" and revitalize trademark resources, Article 49.2 of China Trademark Law (hereinafter referred to as the "Trademark Law") and the "Trademark Examination and Adjudication Guidelines" establish the non-use cancellation system. This system allows any entity or individual to apply to the China National Intellectual Property Administration (CNIPA) for the cancellation of a registered trademark if it has not been used for three consecutive years without proper justification. In such cases, the burden of proof rests mainly on the trademark registrant, who must provide evidence of "genuine, lawful, and effective commercial use" of the trademark during the specified three-year period (the "relevant period").