要闻资讯

Since early 2025, the China National Intellectual Property Administration (CNIPA) has incrementally adjusted evidentiary standards for non-use cancellation applicants. These applicants increasingly receive Notifications of Amendment demanding additional information and materials. On May 26, 2025, CNIPA updated its Application for Non-Use Cancellation of a Registered Trademark guidance (link), detailing revised documentation requirements. This article outlines key changes for applicants, explores CNIPA’s rationale, and advises trademark registrants and cancellation applicants on strategic adjustments.

I. Key Changes in Non-Use Cancellation Proceedings

Based on a large number of the Notifications of Amendment on non-use cancellations issued by the CNIPA since early 2025 and the updated guidance published on May 26, 2025, non-use cancellation applicants now face:

1. Stricter Evidence of Non-Use

Previously, a basic online keyword search (mark + registrant) often sufficed. Now, applicants must submit preliminary evidence (e.g., online search results, market investigation reports) proving three consecutive years of non-use without justification. This includes: 

• The registrant’s business scope/operational status

  
  

• Market investigation results covering the registrant's official website, WeChat official account, e-commerce platforms, offline business premises, and other sources such as online searches, market research, and field investigations

2. Enhanced Disclosure of Applicant Identity/Intent

While Article 49 of China’s Trademark Law permits any party to file cancellations, CNIPA now requires applicants to accept an “Applicant’s Declaration” upon submission. This declaration:

• Mandates good faith and preliminary investigation

  
  

• Confirms submitted materials are truthful/complete

  
  

• Warns of credit penalties for false declarations

II. Motivations for the Changes

The CNIPA raised the threshold primarily to address systemic abuse. While non-use cancellations remain a legitimate tool for clearing unused or conflicting trademarks, the previously low requirements resulted in excessive malicious filings. These bad-faith applications—submitted beyond legitimate clearance strategies—significantly contributed to the surging volume of cases. The stricter standards aim to: 

• Curb improper and malicious filings

  
  

• Reduce frivolous applications

  
  

• Improve examination efficiency

III. Strategic Responses

• For Cancellation Applicants:

Conduct thorough pre-filing investigations. If initial searches suggest use, perform on-site verification. Abandon filings if use is confirmed and consider alternative strategies.

• For Trademark Registrants:

Proactively preserve use evidence (e.g. advertising evidence, transactional documents). Strengthen online visibility via official websites/social media/e-commerce platforms to counter CNIPA’s heightened focus on digital evidence.