In recent years, Non-Use Cancellation (NUC) has become a key tool for foreign companies to eliminate questionable trademark registrations in China that often blocked their access to the market.
Until now, it was enough to request cancellation on the grounds of non-use over three consecutive years, which the trademark holder could counter by submitting valid evidence of use to the China National Intellectual Property Administration (CNIPA). If the evidence was insufficient or incorrect, the trademark was cancelled. But that’s no longer the case.
The procedure is now undergoing a series of changes that will make it significantly stricter, demanding much more effort and evidence from the party requesting the cancellation.
What you need to know
CNIPA has revised its approach to trademark cancellations to prevent unfounded requests and preserve the integrity of the system. The two main changes are:
- The evidentiary requirements to support the cancellation request have increased substantially. The applicant must now carry out and document prior checks or investigations to justify the request and for CNIPA to accept and initiate the process.
- Once the process begins, the trademark holder must provide proof of tangible and continuous commercial use in order to counter the claims.
How might this affect you?
The changes bring several consequences that could impact your trademark strategy in China and require swift action. Registering your trademark as early as possible is more critical than ever. Delaying registration now poses a serious risk: if someone else registers the mark first, reclaiming it will demand more time, money, and effort. Since cancelling third-party registrations is now more complex, it’s essential to act early—register your trademark even before starting operations in China.
Companies aiming to cancel inactive marks will need to submit evidence such as screenshots from online marketplaces, in-person store visits, or proof of inactive business licenses. In other words, more investigative work will be needed to build a solid, well-documented case.
Trademark owners must also be ready to defend their position. Evidence of use must be organized, dated, and precisely documented. It is advisable to keep materials like sales receipts, product packaging, advertisements, and/or commercial contracts, among others.
A new scenario for Trademark Protection in China
The non-use cancellation process is no longer a quick fix. Carrying it out now requires much more preparation—both for those seeking to cancel and those aiming to defend their trademarks. In this new context, it is essential to act with foresight: register early, use your trademark effectively, and retain all possible documentation.
In a strategic and competitive market like China, failing to protect your trademark properly could mean not only the loss of rights, but also an insurmountable barrier to your growth.
If you want to secure your trademark strategy in China, having specialized professional advice is more important than ever. And speed will be key. Get in touch with us, we’ll help you.
