Recent changes in examination criteria for non-use cancellation in China

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Cookies Settings

Recent changes in examination criteria for non-use cancellation in China

Sponsored by

ccpit.jpg
Chinese flag against a backdrop of the Great Wall of China

New CNIPA examination practices on non-use cancellation raise evidentiary requirements for petitioners. Ling Zhao of CCPIT Patent and Trademark Law Office highlights the implications for registrants and enforcement strategies in China

Following an increase in the number of new trademark applications in China and the tightening of examination standards for letters of consent by the CNIPA and the courts, non-use cancellation has become one of the most popular tools for removing prior mark obstacles.

According to CNIPA data, the number of review decisions on non-use cancellation rose from 14,866 in 2022 to 16,438 in 2023 and 18,693 in 2024. The surge in review cases indicates an even larger increase in first-stage cancellation applications.

Last year, the CNIPA introduced new examination requirements and practices concerning non-use cancellation.

Key changes in examination practice

Although the Chinese Trademark Law does not set evidentiary requirements for cancellation petitioners, Article 66 of the Implementing Regulations provides that “[w]here a registered trademark has not been used for three consecutive years and there is no justified reason under Article 49 of the Trademark Law, any entity or individual may apply to the Trademark Office to cancel the registration and shall state the relevant facts” [emphasis added].

This provision allows the CNIPA to demand more detailed “relevant facts” and has led to the following new practices:

  • Examination of the petitioner’s subjective intention – since the second half of 2024, the CNIPA has issued supplementary notices to petitioners that file a high volume of cancellation actions within a short period, requiring them to explain their motive and furnish supporting evidence.

  • Stricter preliminary-investigation evidence – from January 2025, petitioners must provide three categories of evidence when submitting a cancellation request:

    • Basic information on the registrant: business scope, current operating/existence status, and the status of the target mark;

    • If the registrant is still active, a survey report and evidence of its actual business, such as product sales, service provision, business premises, or office address; and

    • Search results showing whether the mark has been used on the designated goods/services. The search must cover at least three comprehensive or industry-specific platforms and include full-screen captures of the first five consecutive pages of results.

These requirements shift part of the evidentiary burden from the registrant (which traditionally bore the main burden of proving use) to the petitioner.

In the proposed amendments to the Trademark Examination and Review Guidelines of the CNIPA, formal requirements for non-use cancellation include mandatory preliminary evidence on the registrant’s existence, actual business status, and use (or non-use) of the mark.

Impact on registrants and petitioners

By raising the evidentiary threshold for petitioners and fine-tuning procedures, the CNIPA aims to reduce malicious cancellations. Trademark right holders will face fewer groundless attacks but, when challenged, must still provide genuine, relevant evidence of use. Owners are therefore advised to maintain and regularly update records of trademark use (invoices, advertising, packaging, online listings, etc.) to ensure an effective defence.

Petitioners should closely monitor the new filing requirements and ensure all preliminary evidence is included. Non-use cancellations must be based on legitimate commercial needs and filed in good faith.

Trademark owners and potential cancellation petitioners are advised to adapt their portfolio management and enforcement strategies to align with these evolving practices.

more from across site and SHARED ros bottom lb

More from across our site

Fresh off a string of ITC victories, Latham has recruited Baker Botts’ ITC leader Lisa Kattan, adding another prominent name to one of the market's busiest ITC practices
The firm hopes its recent Düsseldorf expansion and UK partner hire will strengthen its offering as it looks to an integrated model to boost UPC capabilities
Stephenson Harwood’s trademark prosecution push and patent ambitions could complement Taylor Wessing’s remaining but depleted European IP strength following its UK arm’s departure
Gerben IP’s first woman partner, Sophie Edbrooke, explains how boutique life allowed her to broaden her expertise, take on leadership responsibilities and carve out a route to the top
INTA has a right to protect its Annual Meeting, but making it harder for others to hold similar events risks leaving delegates with a bigger travel bill
The firm says it hopes to capture patent litigation work in Texas by arming itself with experienced trial lawyers with venue expertise
Ken Iijima's arrival continues a trend of ex-Pizzeys practitioners joining RnB IP, whose co-founder says independent ownership and a lucrative compensation model have become attractive in a consolidating market
McDermott Will & Schulte lawyers explore why the UPC is seeing rapid adoption by medtech for fast-moving disputes, while pharma and biotech take a cautious, selective approach over revocation risks
IP firms may be growing more comfortable with external capital, but uncertainty over who could ultimately own the business is complicating the investment pitch
The former Western District of Texas judge addresses perceptions of his courtroom, reveals what comes next as he returns to practice at A&O Shearman and explains why marathon running is ‘cathartic’
Gift this article