China Trademark “Non-use Cancellation” New Rules: A Comprehensive Guide for Overseas Applicants and Law Firms
🌍 1. Introduction
The Trademark Office of China’s National Intellectual Property Administration (CNIPA) has rolled out significant updates to the “Non-use Cancellation” process (known as “Che San” in Chinese), effective early 2025. These changes address a persistent problem: the exploitation of cancellation proceedings to harass legitimate trademark owners. The new rules aim to:
- Protect: Shield trademark holders from baseless challenges.
- Regulate: Ensure trademarks are actively used rather than stockpiled.
- Stabilize: Promote a fair and efficient market environment.
This guide offers overseas applicants and law firms a detailed breakdown of these changes, their impacts, and actionable strategies. Curious about how we can assist? Learn more about our Trademark & Copyright Services or explore our broader service offerings.
📊 2. Key Changes in the Regulations
Old Rules vs. New Rules
| Aspect | Old Rules | New Rules |
|---|---|---|
| Evidence Threshold | Minimal: A few screenshots or statements | High: Multi-platform searches, fieldwork, reports |
| Burden of Proof | Mostly on trademark owner to prove use | Shifted to applicant to prove non-use |
| Process Speed | Quick filing, often abused | Slower, requires thorough due diligence |
| Outcome | Frequent exploitation by bad-faith actors | Filters out illegitimate claims |
New Requirements Explained
- Comprehensive Online Search Evidence
- Scope: Evidence from at least three platforms (e.g., Baidu, Taobao, Douyin).
- Volume: Five consecutive pages of search results per platform, ideally timestamped and notarized.
- Purpose: Show a thorough check for the trademark’s online presence—or absence.
- On-Site Investigation Proof
- What’s Needed: Photos, videos, or records from visits to the owner’s premises or markets.
- Example: A photo of a store with no trademark signage.
- Goal: Prove non-use in physical settings.
- Trademark Owner’s Business Credentials
- Documents: Business licenses, credit reports, or public records.
- Why: Verify if the owner’s operations align with the trademark’s registered scope.
- Detailed Analytical Report
- Structure: Methodology, evidence list, and analysis proving three years of non-use.
- Standard: Must be logical and professionally crafted.
💡 Key Insight: The process now demands robust evidence over superficial claims. Need help gathering this? Check out our Consultation & Litigation Support.
⚖️ 3. Legal Basis and Significance
Legal Foundations
- Article 49, Trademark Law
“A registered trademark unused for three consecutive years without justification may be cancelled upon application.” - Article 66, Implementation Regulations
“Applicants must submit evidence of non-use, and the Trademark Office decides based on review.”
Why It Matters
- Stopping Abuse: Some trademarks faced over 60 cancellation attempts yearly (e.g., Class 30 in 2022), exhausting owners.
- Curbing Fraud: Fake screenshots are out; verifiable proof is in.
- Market Health: Clearing unused marks aligns China with global IP standards.
For more on China’s trademark system, see our post: China Trademark Registration Guide for Foreign Companies 2025.
📈 4. Impact on Stakeholders
For Applicants Seeking Cancellation
- 💰 Higher Costs
- Estimate: ~RMB 3,000 extra per filing (travel: RMB 500–1,000; expert fees: RMB 1,000–1,500; notarization: RMB 500).
- 🧠 Expertise Needed
- Mastery of Chinese platforms and legal nuances is essential.
- 📉 Success Rates
- Approval may drop 40%, but solid cases could rise from 50% to 60% success.
For Trademark Owners
- 🛡️ Better Protection
- Fewer frivolous claims save time and money (e.g., USD 10,000/year redirected from defense to branding).
- 📋 More Responsibility
- Document usage (sales, ads) to counter valid challenges.
📊 Quick Take: Applicants face tougher hurdles; owners gain security with diligence. Protect your brand with our Trademark Services.
🛠️ 5. Practical Recommendations
For Applicants
- Exhaustive Investigations
- Search niche platforms and visit key locations.
- Professional Help
- A local IP expert boosts credibility. Meet our team at Our Core Professionals.
- Strong Reports
- Use visuals and a clear narrative linking evidence to non-use.
Our Litigation Support can streamline your application.
For Trademark Owners
- Usage Protocols
- Keep invoices, ads, and packaging updated quarterly.
- Expert Defense
- Work with specialists like Peter H. Li for rebuttals.
- Evidence Archive
- Spend USD 500–1,000 yearly on a usage vault.
💡 Tip: Preparation is key for both sides. See why clients trust us: Why Choose Us.
🌟 6. Conclusion
China’s updated cancellation rules reshape the trademark landscape:
- Applicants: Higher barriers, clearer paths for valid claims.
- Owners: Stronger protection with proactive use.
- Market: A fairer IP ecosystem emerges.
Success requires evidence and expertise. Explore our track record—thousands of trademarks filed, clients served, and years of experience—or contact us for tailored advice. Ready to file? Get a quote.
Visual Graphic Summary
At a Glance
| Applicants | Owners |
|---|---|
| 📑 4x Evidence Types | 🛡️ 40% Fewer Weak Claims |
| 💸 ~RMB 3,000 Cost Extra | 📋 Usage Proof Essential |
| 🧩 Expertise Vital | 🏆 Rights Safe with Care |
Timeline: 3 Years Non-Use = Risk; 2 Months = Response Window
Dive deeper with our FAQ or read China Trademark Search Guide 2025.
🔗 7. External Resources
For further reading and official insights, explore these trusted resources:
- CNIPA Official Website – Access updates and official notices from China’s National Intellectual Property Administration.
- WIPO – World Intellectual Property Organization – Global IP standards and China-specific trademark info.
- China Trademark Law (English) – Full text of the Trademark Law and regulations.
- USPTO Trademark Basics – Compare U.S. and Chinese revocation processes for context.
These resources complement our expertise. For personalized guidance, meet our team, including Tingfei Wang for patents and litigation or Tony Xu for litigation support.
