Share on LinkedInShare on LinkedIn

ARTICLE · 05 OCTOBER 2026

Trademark Cancellation For Non-Use | How Can Export-Oriented Enterprises Win The “Battle For Evidence”?

Export-oriented enterprises face unique challenges when defending their trademarks against non-use cancellation proceedings, as their evidence of trademark use differs significantly from domestic businesses. This analysis examines how cross-border trade documentation, from customs declarations to overseas sales contracts, must form a complete evidentiary chain to prove trademark use under Chinese law. What specific documentation strategies can protect international traders from losing their core trademarks?

ChinaIntellectual Property

Recently, I handled a case involving the submission of evidence of use in a trademark cancellation proceeding for an export-oriented enterprise, which offered considerable practical insight. The client was engaged in the export trade of the relevant goods, and a competitor filed an application to cancel its core trademark on the ground that it had not been used for three consecutive years. As the trademark was the client’s principal core mark, its cancellation could have caused immeasurable losses to the company. Therefore, upon receipt of the Notice on Submission of Evidence of Use of the Registered Trademark, the client immediately established a dedicated internal project team and, taking into account our recommendations, actively proceeded with the collection and organization of evidence.

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

See more popular content from