In recent years, China has witnessed a surge in trademark non-use cancellation applications due to the rising number of trademark registrations, resulting numerous similar trademarks blocks the new filed trademarks. However, this surge has been accompanied by widespread abuse of the non-use cancellation process, with some applicants submitting bulk malicious requests to disrupt legitimate trademark management or profit from speculative actions. It is alleged that a mark was attacked by third parties through non-use cancellation actions for over 60 times.
To address this issue, the National Intellectual Property Administration, PRC (“CNIPA”) has tightened formal review requirements for such applications, imposing stricter standards for preliminary evidence submission.
Change of the examination of non-use cancellation action
Since 2022, applicants filing non-use cancellation requests must not only submit the application but also provide preliminary evidence proving that the target trademark has not been used for three consecutive years.
Starting in 2025, CNIPA began issuing formal amendment notification requesting to submit the specific evidence to show non-use of the mark. The detailed requirement in these notifications including:
1. Basic Registrant Information: Scope of business, operational status, and general situation of trademark registrations.
2. Multi-Platform Retrieval Evidence:
Ø Search results from comprehensive online platforms and industry-specific platforms.
Ø Continuous 5-page search results from each platform’s homepage, with evidence required from at least three platforms.
Practical Recommendations to Respond to the Notifications
To comply with CNIPA’s updated requirements, applicants should adopt the following strategies when filing non-use cancellation actions:
1. Submit Registrant’s Business Registration Details
Provide official corporate records (e.g., from the National Enterprise Credit Information Publicity System) to verify the registrant’s operational scope and status.
2. Compile Trademark Registration Lists
Provide a comprehensive list of the registrant’s trademarks to demonstrate potential bad faith filing of the registrant.
3. Conduct Cross-Platform Online Searches
Use keywords such as “trademark,” “designated goods/services,” and “registrant’s name” to retrieve evidence from:
Ø General search engines (e.g., Baidu, 360).
Ø Industry-specific e-commerce platforms (e.g., Taobao, JD.com for consumer goods; industry B2B portals for specialized services).
Note: Ensure screenshots are complete, unedited, and timestamped to avoid rejection.
Challenges and Strategic Considerations
While the change aims to curb malicious applications, it also imposes significant burdens on applicants with good faith:
1. Increased Compliance Costs
Applicants must now invest more time and resources in gathering evidence to show the non-use of the target trademark, such as verifying registrants’ operational status
2. Technical Complexity
Strict formatting requirements (e.g., 5-page screenshots, multi-platform evidence) demand meticulous preparation to avoid procedural delays.
Conclusion
The stricter evidence requirements for non-use cancellation applications by CNIPA reflect a broader effort to combat bad faith practices and uphold the trademark registration order. This heightened compliance burden highlights the importance for applicants to keep eyes on evolving regulations and implement proactive strategies to protect the trademark rights.
