Validating Trademark Use In The Face Of Cancellation Challenges

In China, a trademark's validity can be challenged through non-use cancellation actions. If a trademark owner has not used its mark for a continuous period of three years, another party can apply to have the mark cancelled on the grounds of non-use (see "Understanding the legislation that governs non-use cancellation attacks").

To successfully defend against a non-use cancellation action, trademark owners must be able to provide clear and convincing evidence of valid use. Evidence can take various forms, including selling goods/services under the mark, advertising and promotional activities featuring the mark and use in the relevant market (see "How to defend against non-use cancellation attacks").