Recently, the China National Intellectual Property Administration (CNIPA) issued new requirements regarding the submission of documents for trademark cancellation applications. According to the provisions of the "Regulations for the Implementation of the Trademark Law," applicants must explain the circumstances under which the trademark in question has not been used for three consecutive years without a legitimate reason in their cancellation application. They must also provide preliminary investigation evidence of the non-use of the trademark for three years, such as online search results, market research reports, etc. Preliminary investigation evidence includes, but is not limited to, the following: information about the business scope or operational scope of the trademark registrant, the operational status or existence status, market research related to the trademark, and evidence materials from professional query platforms, the registrant’s official website, WeChat public accounts, e-commerce platforms, and offline production and business locations, as well as network queries, market research, and field investigations.

    We will introduce the above content to facilitate applicants in preparing relevant documents when submitting cancellation applications in the future.

    According to the latest regulations, applicants need to submit preliminary investigation evidence when submitting a cancellation application.

    Preliminary evidence includes information about the business scope or operational scope of the trademark registrant. This evidence can reflect the degree of match between the goods or services applied for and the actual business scope. If there is a significant discrepancy between the registrant’s actual business and the goods and services applied for, there is a high possibility that the registered trademark has not been used. Information on business status and existence status can help determine whether the trademark registrant is in normal production and operation. If the registrant's production and operation status is abnormal, the likelihood of continued use of the trademark is very small.

    Market research evidence for the registered trademark is also very important. Relevant investigation channels are not limited to professional search platforms but also include the registrant’s official website, WeChat public accounts, e-commerce platforms, offline production and operation, and investigation reports. Nowadays, many companies operate official websites and WeChat public accounts. These websites or accounts often display the registrant’s trademark. We can preliminarily judge whether the trademark has been used based on their website and public account. E-commerce platforms are also important websites, as platforms like Taobao and JD.com have become channels for many merchants to sell their products. Field investigation evidence can show whether actual commercial activities have been conducted.

    To meet these new requirements, it is clear that the threshold and professionalism for trademark cancellation applications have been raised. For trademark registrants, this is also a signal reminding them to take responsibility for using the trademark rather than leaving it idle after registration.

    Trademark examination policies are updated relatively quickly. Therefore, for registered trademarks, applicants should use their trademarks as much as possible and maintain their trademark registration. Otherwise, once the trademark is canceled, it may be difficult to successfully register it again.