Strategic Considerations For Rights Holders As CNIPA Introduces New Evidence Requirements For Non-use Cancellation Actions

While no official announcement has been released, recent amendment notifications show that the China National Intellectual Property Administration (CNIPA) has introduced new requirements for applying for non-use cancellation actions. The amendments seem to aim to curb frivolous filings and ensure integrity in the trademark cancellation process.

Legal basis for non-use cancellation in China

Under Article 49(2) of the China Trademark Law, any registered trademark that remains unused for three consecutive years without justifiable reasons may be subject to cancellation upon application by any party. This framework is designed to remove idle trademarks from the register and free up resources for active brand owners.