Laura Zhao exploring the increasing risk of non-use
cancellation in China
Rouse senior trademark attorney Laura Zhao explores
the changes in practice that have prompted such a rise, analyses
the typical failures in defending against non-use cancellation
actions, and highlights the main requirements for collecting
evidence – thereby offering an evidence-gathering process for
registrants.
The China trademark register has seen a significant rise in the
number of non-use cancellations in recent years, while the rates of
total and partial cancellations have remained high.
China allows for a three-year grace period for trademark use
from the registration date. Afterwards, any entity or individual
can file a non-use cancellation action with the China Trademark
Office (CTMO) directed at the entirety or part of the specification
of the goods/services covered by a trademark registration, based on
initial investigation results indicating that no use of the mark
has been
