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ARTICLE · 29 MARCH 2021

Three-Year Non-Use Trademark Cancellation: A Guide To Maintain Your Rights

Three years following a successful trademark registration, if a third party files an application for "Three year non-use registration cancellation"...

ChinaIntellectual Property

Three years following a successful trademark registration, if a third party files an application for "Three year non-use registration cancellation", the trademark rights holder will receive the "Notice on Providing Evidence of the Use of Registered Trademarks" issued by the State Intellectual Property Office, requesting that the rights owner must provide evidence of use within the prescribed time limit. At this time, the trademark owner may have a lot of questions and concerns: What does it mean for a mark to be cancelled for non-use? Why provide evidence to prove the use of your registered trademark? What are the consequences of not providing evidence? What kind of evidence should be provided? This article seeks to answer these questions.

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