▍ Trademark practice - overview of Chinese trademark non-use cancellation process

Written by Peter H. Li and Diagram by Allen G. Zhou | Nov 28 2022

China is the country with the most registered trademark in the world - statistics from the China National Intellectual Property Administration (CNIPA) show that as of the end of 2021, there were 37,240,000 valid trademark registrations. 

Not all registered trademarks are being actively used, which could diminish the already scarce trademark resources and make the filing of new trademark applications challenging. Fortunately, China, like other major jurisdictions, provides a procedure called non-use cancellation that allows interested parties to request the cancellation of trademarks that have not been used for three consecutive years.

Non-use cancellation (preferably initiated before a new trademark is filed) is a common and effective procedure for removing obstacles. According to CNIPA statistics, 71.6% of non-use cancellations were successful in the first half of 2019; among the review/appeal cases of non-use cancellation concluded in 2020, 82.2% of the contested trademarks were canceled (including complete and partial cancellations).

The general procedure and timetable for a non-use cancellation, as seen from the standpoint of a non-use cancellation applicant, are as follows:

If you have questions, please contact your IP counsel at Jiaquan IP Law.