CNIPA’s Latest Requirements for Non-use Cancellations for Trademark Registrations
Published 18 February 2025
Xia Yu
By Article 49 (2) of the Trademark Law, a registered trademark that has not been used for three consecutive years without justifiable reasons may be subject to a cancellation (“non-use cancellation”). This is a common method for trademark applicants to exclude prior trademarks that hinder their trademark applications. The materials submitted for a non-use cancellation include an application and preliminary investigation evidence that the target trademark for cancellation (“target trademark”) has not been used for three consecutive years. Since January 2025, more and more applicants for non-use cancellations (“Applicant”) have received notices of correction for their applications. It is generally believed in the trademark agency field that this indicates that the China National Intellectual Property Administration (“CNIPA”) requirements for non-use cancellation are quietly changing.
For a long time, the requirements for the preliminary investigation evidence have been as simple as a screenshot of an online search of a keyword, such as “the target trademark + the goods/services of the target trademark”. As long as the screenshot does not show that the target trademark is in use, the non-use cancellation will usually be accepted by the CNIPA. Since 2025, the Applicants have successively received notices of correction containing the following content:
“The Applicant shall provide the preliminary investigation evidence, which mainly includes the following contents:
I. Basic information of the registrant of the target trademark (“Registrant”), including its business scope, business status or status of existence, trademark registration status, etc.II. If the Registrant is in business or existence, an investigation report and evidence of its product sales or service provision, business premises or office premises, etc. shall be provided.III. Search investigation evidence on comprehensive online platforms, or industry websites for goods or services for which the target trademark is approved, etc. The relevant search shall provide full-page search screenshots of five consecutive pages starting from the homepage, and the platform search provided shall be no less than three.”
China’s requirements for trademark non-use cancellation in 2025 are reflected in the stricter application materials, especially the initial investigation evidence. According to the correction notice, the initial investigation evidence requirements for the non-use cancellation have quietly expanded from the previous online search screenshots to three requirements such as proof of the Registrant’s qualifications, an investigation report on the Registrant, and online search evidence.
The biggest change is the second item of the investigation report on the Registrant, which is the requirement to submit an investigation report of the Registrant. Due to the lack of clear regulations, some believe the investigation report should involve on-site visits or hiring a third-party agency. This will greatly increase the burden of proof of the Applicant. However, when the Registrant is an individual, it may be difficult to determine the Registrant’s exact business address. Therefore, some believe that the second requirement should be non-mandatory. It is reported that the purpose of the new measures of the CNIPA is to curb malicious filing of non-use cancellations. In recent years, the situation become more and more serious. According to reports, a trademark in Class 30 had been targeted more than 60 times in 2022. It stipulates in the Trademark Examination and Trial Guidelines issued by the CNIPA in 2021 that the burden of proof in the non-use cancellation regarding the target trademark has been used for three consecutive years still lies with the Registrant. Therefore, the second requirement should be reasonable preliminary proof that the target trademark is not used. If the Registrant has a business place and/or website, evidence proving that the target trademark is not used at the business place and/or website, such as photos, screenshots of the entire network, etc., will suffice.
Meanwhile, the CNIPA has more specific requirements for the third item of online search evidence. It requires providing investigation evidence from at least three platforms such as mainstream search engines (Baidu, Bing, Sogou, etc.), e-commerce platforms (Taobao, JD.com, Pinduoduo, etc.), social media (WeChat, Weibo, Xiaohongshu, etc.), or industry websites for the goods or services approved for the target trademark. Furthermore, the screenshot of each website should be a full-page search screenshot of five consecutive pages starting from the homepage. This specific requirement for online search evidence appropriately raises the threshold for the start of the non-use cancellation, which is conducive to curbing malicious filings of the non-use cancellation.
China’s latest requirements for trademark non-use cancellation in 2025 reflect the increased crackdown on malicious filings of non-use cancellations. The correction notice represents a specific administrative action, not a generally applicable administrative rule. The subsequent development still needs further observation.
For a long time, the requirements for the preliminary investigation evidence have been as simple as a screenshot of an online search of a keyword, such as “the target trademark + the goods/services of the target trademark”. As long as the screenshot does not show that the target trademark is in use, the non-use cancellation will usually be accepted by the CNIPA. Since 2025, the Applicants have successively received notices of correction containing the following content:
“The Applicant shall provide the preliminary investigation evidence, which mainly includes the following contents:
I. Basic information of the registrant of the target trademark (“Registrant”), including its business scope, business status or status of existence, trademark registration status, etc.II. If the Registrant is in business or existence, an investigation report and evidence of its product sales or service provision, business premises or office premises, etc. shall be provided.III. Search investigation evidence on comprehensive online platforms, or industry websites for goods or services for which the target trademark is approved, etc. The relevant search shall provide full-page search screenshots of five consecutive pages starting from the homepage, and the platform search provided shall be no less than three.”
China’s requirements for trademark non-use cancellation in 2025 are reflected in the stricter application materials, especially the initial investigation evidence. According to the correction notice, the initial investigation evidence requirements for the non-use cancellation have quietly expanded from the previous online search screenshots to three requirements such as proof of the Registrant’s qualifications, an investigation report on the Registrant, and online search evidence.
The biggest change is the second item of the investigation report on the Registrant, which is the requirement to submit an investigation report of the Registrant. Due to the lack of clear regulations, some believe the investigation report should involve on-site visits or hiring a third-party agency. This will greatly increase the burden of proof of the Applicant. However, when the Registrant is an individual, it may be difficult to determine the Registrant’s exact business address. Therefore, some believe that the second requirement should be non-mandatory. It is reported that the purpose of the new measures of the CNIPA is to curb malicious filing of non-use cancellations. In recent years, the situation become more and more serious. According to reports, a trademark in Class 30 had been targeted more than 60 times in 2022. It stipulates in the Trademark Examination and Trial Guidelines issued by the CNIPA in 2021 that the burden of proof in the non-use cancellation regarding the target trademark has been used for three consecutive years still lies with the Registrant. Therefore, the second requirement should be reasonable preliminary proof that the target trademark is not used. If the Registrant has a business place and/or website, evidence proving that the target trademark is not used at the business place and/or website, such as photos, screenshots of the entire network, etc., will suffice.
Meanwhile, the CNIPA has more specific requirements for the third item of online search evidence. It requires providing investigation evidence from at least three platforms such as mainstream search engines (Baidu, Bing, Sogou, etc.), e-commerce platforms (Taobao, JD.com, Pinduoduo, etc.), social media (WeChat, Weibo, Xiaohongshu, etc.), or industry websites for the goods or services approved for the target trademark. Furthermore, the screenshot of each website should be a full-page search screenshot of five consecutive pages starting from the homepage. This specific requirement for online search evidence appropriately raises the threshold for the start of the non-use cancellation, which is conducive to curbing malicious filings of the non-use cancellation.
China’s latest requirements for trademark non-use cancellation in 2025 reflect the increased crackdown on malicious filings of non-use cancellations. The correction notice represents a specific administrative action, not a generally applicable administrative rule. The subsequent development still needs further observation.