The China National Intellectual Property Administration (CNIPA) Trademark Office officially released the revised Guidelines for Applying for Cancellation of Registered Trademarks Not Used for Three Consecutive Years Without Legitimate Reasons on May 26, 2025. This revision introduces major adjustments to the application process for "Three-Year Non-Use Cancellation" (commonly known as "Che San").
The core change of the new rules lies in fundamentally reversing the burden of proof: Applicants are now required to proactively submit three categories of core evidence – the registrant's operational status, multi-platform product search results, and market survey reports – replacing the previous model where initiating the procedure required only a simple statement.
This adjustment aims to curb malicious cancellation applications, reduce unwarranted interference with trademark registrants, enhance examination efficiency, and promote the rational flow of trademark resources.
Original Text of the New Rules (Translated version):
To further improve application efficiency and guide applicants in properly filing for the cancellation of registered trademarks not used for three consecutive years without legitimate reasons, the Trademark Office has revised the Guidelines for Applying for Cancellation of Registered Trademarks Not Used for Three Consecutive Years originally released in March 2023. The revised content is as follows:
I. Legal Basis and Application Conditions
According to Article 49 of the Trademark Law of the People's Republic of China and Article 66 of the Implementing Regulations of the Trademark Law, if a registered trademark has not been used for three consecutive years without legitimate reasons, any entity or individual may apply to the CNIPA for cancellation of that registered trademark. The application must state the relevant circumstances.
II. Application Channels
(1) Applicant submits electronic application independently.
Submit the application via the Trademark Online Service System. For submission methods, please refer to the "Online Application" section on the China Trademark website. Trademark Online Service System URL: https://sbj.cnipa.gov.cn/sbj/wssq/
(2) Applicant may apply in person at the CNIPA Trademark Registration Hall:
Address: No. 1 Chama South Street, Xicheng District, Beijing Postal Code: 100055
Office Hours: 8:30-11:30; 13:30-16:30
Consultation Tel: 010-63218500
(3) Entrust a trademark agency registered with the CNIPA to handle the application.
III. Application Materials
(1) Documents to be submitted
1. Application Form for Cancellation of Registered Trademark Not Used for Three Consecutive Years;
2. Preliminary investigation evidence demonstrating that the subject trademark has not been used for three consecutive years without legitimate reasons, such as internet search results, market survey reports, etc.;
3. Copy of the applicant's identity document (business license copy, ID card, etc.) confirmed with a seal or signature;
4. If handled by a trademark agency, submit a Power of Attorney for the Trademark Agency.
(2) Specific Requirements
1. Applicants must fill out the application form truthfully as required and may not modify the format arbitrarily. The application must be typed or printed.
2. The applicant's name and the seal/signature in the "Applicant's Seal/Signature" section must match the name in the identity document. For natural person applicants, the identity document number must be filled in after the name.
3. The applicant's address must include provincial, municipal, county, or other administrative division names. The applicant must fill in the address according to the identity document. If the address in the identity document lacks administrative division names, the applicant must add them. Natural person applicants may fill in a mailing address.
4. If applied for by a trademark agency, the agency's name must be filled in, and the agent must sign and affix the agency's seal in the "Agency Seal/Agent Signature" section.
5. For cancellation applications concerning jointly owned trademarks, the name of the representative of the joint trademark should be filled in the "Trademark Registrant" section.
6. For cancellation of specific goods/services items, fill in the items to be canceled in the "Goods/Services Items for Cancellation" section. The names must be identical to those approved for use (additional pages may be attached). Separate each item with a semicolon. For cancellation of all goods/services items, write "All".
7. According to the Implementing Regulations of the Trademark Law, the applicant must state the circumstances concerning the subject trademark's non-use for three consecutive years without legitimate reasons in the cancellation grounds, and attach preliminary investigation evidence of this non-use, such as internet search results, market survey reports, etc.
8. For applicants that are legal entities or other organizations, an official seal must be affixed in the "Applicant's Seal/Signature" section. Natural person applicants must sign here. The seal or signature must be complete and clear.
9. Before submission, the applicant should inquire about the current registration status of the trademark to be canceled and fill out the Application Form for Cancellation of Registered Trademark Not Used for Three Consecutive Years based on the current registrant information.
10. Applications for cancellation should be submitted to the CNIPA no earlier than three years after the date of the trademark's registration announcement.
11. Applications for cancellation of international registrations under Article 49(2) of the Trademark Law should be submitted to the CNIPA no earlier than three years after the expiry of the refusal period for that international registration application. If the refusal period expires while refusal review or opposition proceedings are ongoing, the application should be submitted no earlier than three years after the effective date of the CNIPA's registration approval decision.
12. Parties dissatisfied with the decision may apply to the CNIPA for review within 15 days of receiving the cancellation decision.
13. "Applicant's Commitment" section: Before submission, the applicant must carefully read the commitment content. Submission implies acceptance of this commitment.
14. The applicant's qualification documents must meet the requirements of Section 5.1, Chapter 1, Part I of the Trademark Examination and Adjudication Guidelines; the Power of Attorney and other documents must meet the requirements of Section 5.2.
15. Preliminary investigation evidence includes but is not limited to: Information on the subject trademark registrant's business scope, operational status, or existence status; market survey results of the subject trademark; evidence materials obtained through investigations not limited to professional query platforms, such as searches on the registrant's official website, WeChat official account, e-commerce platforms, offline production/operation sites, market research, and field investigations.
IV. Fee Payment
After receiving the cancellation application, if it meets acceptance conditions, the CNIPA will issue a fee notice. Failure to pay as required will result in non-acceptance and written notification. Fees are charged per class. See specific fee standards: https://sbj.cnipa.gov.cn/sbj/sbsq/sfbz/
V. Receiving Trademark Documents
After the applicant pays the fee as required, they will receive an Acceptance Notice for the cancellation application. Simultaneously, the trademark registrant will receive a Notice to Provide Evidence of Use for the Registered Trademark. After receiving the evidence of use provided by the registrant, the CNIPA will review the evidence materials, make a decision on whether to cancel the trademark, and notify both the registrant and the cancellation applicant in writing. If handled by an agency, the decision will be mailed to the agency.
VI. Notes
1. Please carefully read the instructions on the back of the application form.
2. The applicant's name, address, postal code, telephone number, and other contact details must be filled in clearly and accurately for communication purposes.
Information source: https://sbj.cnipa.gov.cn/sbj/sbsq/sqzn/202303/t20230330_26201.html
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