Quality over quantity: strategic implications for brand owners as new guidelines emphasise use-focused trademark environment

Well known as a first-to-file country, China seems to be fundamentally shifting its focus toward actual trademark use. This evolution is evident in anticipated amendments to China’s Trademark Law and, most critically, recent overhauls to non-use cancellation procedures.

Historically, China’s trademark registry has been notoriously crowded – packed with unused registrations and old filings from professional squatters operating alongside a vibrant marketplace of legitimate, active brands. This high traffic has long created major roadblocks for new filings. For years, the primary tool for clearing a path to registration was non-use cancellation – an administrative action allowing parties to petition for the removal of a mark that has gone unused for three consecutive years.