Article 49.2 of the Trademark Law stipulates: "Where a
registered trademark becomes the generic name of the goods it has
been approved to use or where its registrant fails to use it
without justified reasons for three consecutive years, any party or
individual may apply to the CNIPA for cancellation of the
registered trademark." This provision is mainly based on the
legislative intent of the Trademark Law, which is, after the
trademark is registered, the trademark registrant should actively
use it commercially to avoid idleness, hoarding or even reselling
of the trademark. Therefore, the trademark registrant has the legal
obligation to actively use the registered trademark.
Based on this legal provision, as long as the trademark has been
registered for three years, if there is no real commercial use,
anyone can file a cancellation application on the grounds of
"non-use". In order to maintain the validity of the
trademark, the trademark registrant can defend the
