Guide to Trademark Registration and Protection in China (10) - Cancellation on the Basis of Three-Consecutive Year Non-use

If a registered trademark has ceased to be used for three consecutive years, any other organizations or individuals may request the Trademark Office to cancel the trademark registration.

Use of a registered trademark includes use of the trademark on goods, packages, containers or trading documents, or use the trademark in advertisements, exhibition and other business activities.

The duration of non-use of a registered trademark is three consecutive years, calculated by dating back three years from the date of receipt of "Application for Cancellation of Registered Trademark Not Having been Used for Three Consecutive Years" by the Chinese Trademark Office.

After receiving the notice from the Trademark Office of providing evidences of use, the registrant should provide the evidences of having used the mark for last three years within the specified time limit. Where no response is made before the expiration of the time limit, the Trademark Office will make the decision to cancel the said trademark.

If not satisfied with the Decision issued by the Trademark Office, the applicant or registrant may, within fifteen days from the receipt of the Decision, file a request for Review with the Trademark Review and Adjudication Board.

Requirements on Application for Cancellation of Trademark Registration

(1) A copy of the Certificate of Incorporation or Business Registration Certificate or Identity Card or Passport of applicant.
(2) Power of Attorney, executed by the applicant.

Trademark Law of the People's Republic of China