China National Intellectual Property Administration (CNIPA) has recently intensified efforts to curb malicious trademark cancellations and the use of deceptive trademarks that mislead the public, with multiple targeted measures now showing positive results.
In addressing malicious “three-year non-use” cancellation requests, CNIPA has identified four categories of abusive behaviors: frequent and large-scale filings against multiple trademark holders beyond reasonable intent to clear idle trademarks; submitting cancellation requests despite clear knowledge of the trademark's active use; repeatedly targeting the same trademark to disrupt legitimate business activities; and agencies filing cancellations against trademarks they previously helped register. Starting in 2023, CNIPA enhanced its monitoring mechanisms to detect abnormal filing patterns through data analysis, public reporting, and case reviews. From January to July 2024, over 10 abnormal applicants were penalized, with 841 malicious requests rejected—contributing to a total of 6,736 refused requests, a year-on-year increase of 58.91%. Additionally, clues related to more than 440 suspicious applications involving two individuals and seven agencies were referred to judicial authorities.
To improve application quality, in May 2024 CNIPA issued revised Guidelines for Filing Cancellations Based on Three-Year Non-Use, clarifying requirements for evidence and arguments and strengthening the principle that “the burden of proof lies with the claimant.” The updated guidelines help applicants submit compliant requests and enable trademark owners to provide evidence of use more efficiently.
In combating deceptive trademarks, CNIPA has prioritized public interest sectors such as food and daily consumer goods. The Administration introduced the Guidelines for Examining Deceptive Trademarks, specifying that marks which—in combination with product names, packaging, or advertising—mislead the public regarding quality, composition, or origin shall be rejected or invalidated. As of July 2024, over 104,000 trademarks underwent targeted screening, resulting in the invalidation of 939 deceptive marks, including examples such as “山里来的土” (literally “From the Mountains”) and “0添加西” (“Zero Added”). Nearly one million misleading applications were also rejected at the examination stage.
CNIPA is also advancing cross-agency collaboration, working with the State Administration for Market Regulation and local intellectual property offices to share clues and coordinate enforcement. Four case clues involving 65 trademarks have been transferred to local authorities, while 22 trademarks confirmed to be deceptive—including “盘氏瑶医” and “福亿博18-16-18”—were invalidated ex officio.
Looking ahead, CNIPA will continue to support the revision of the Trademark Law and its implementation regulations, clarifying legal consequences for malicious activities. By integrating AI and big data technologies, the agency aims to enhance examination accuracy and response efficiency, building a comprehensive governance framework covering registration, use, and protection to foster a healthier market environment and greater public trust.
Source: Based on a report from China Intellectual Property News.
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