CBL Introduction

Our translation of this official Chinese government guidance explains how to get a registered trademark cancelled for non-use, which can be an effective way to respond if someone else such as a trademark squatter has registered your brand.

Guidance for Filing a Petition for the Cancellation of a Registered Trademark for Three Consecutive Years Nonuse

I. Legal Basis and Petition Requirements

Any entity or individual may file a petition with the National Intellectual Property Administration (the “Administration”) for cancellation of a trademark registration on grounds of three consecutive years of nonuse without a valid excuse (See Sections 49 of the PRC Trademark Act and Section 66 of the Trademark Act Administrative Regulations).

II. Petition Process

(a) Electronic Petition for Cancellation.

Petitions may be filed through the trademarks portal online. Refer to the Online Application section on the China Trademarks website for more information on the filing process. Online System for Trademark Services website: [URL]

(b) Petitions may also be filed in person at the Administration’s trademark registration center:

National Intellectual Property Administration Trademark Registration Center Address: No.1 South Chama Street, West Beijing Post Code: 100055

Office Hours: 8:30-11:30　13:30-16:30

Helpline: 010-63218500

(c) Petitioners may authorize a trademark representation agency registered with the Administration to file petitions on their behalf.

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III. Petition Materials

(a) Required Documents

1. Petition for the Cancellation of a Registered Trademark for Three Consecutive Years of Nonuse;

2. Proof of non-use of the trademark covering at least three consecutive years, such as online search results or market research reports;

3. A signed or sealed copy of the petitioners’ identification document (such as the business license or ID card);

4. Power of attorney if the petition is filed by an authorized trademark representation agent.

(b) Specific Requirements

1. Petitioners must fill out the petition documents truthfully and should not change the format without authorization. Petitions should be typed or printed.

2. The name and seal (or signature) of the petitioner in the documents submitted should match those in the identification documents provided. Natural person petitioners need to include their identification document number after their name.

3. The domicile address of the petitioner should be prefixed with the name of the administrative provision, such as the province, city, or county. Petitioners should fill in their address as it appears on their identification documents and should include administrative division details, such as the province, city, or county if the address on the identification documents lacks these details. Individuals may provide their mailing address in a petition.

4. Petitions filed by a trademark agent should include the name of the agency. Agents are required to sign and seal the petition in the designated Agency Seal/Agent Signature section.

5. Petitions for the cancellation of trademarks owned by joint registrants should include the name of the joint owner designated to act on behalf of all owners in the Trademark Registrant section.

6. Specify the classification of the goods or services to be deleted, separated by semicolons, in the Goods/Services Classification to be Deleted when petitioning for the deletion of goods or services associated with the trademark. The specified goods/services classification must match those for which the trademark is registered (additional pages may be attached as necessary). Fill in “all” in the same section to petition for the deletion of all goods/services associated with the mark.

7. Cancellation petitioners are required to submit a statement describing three years’ consecutive nonuse and attach proof, such as online search results or market research reports (See the Trademark Act Administrative Regulations).

8. Legal entities or other organizations must affix their seal in the designated Petitioner Seal (signature) section. Individuals must provide a signature in the same petition section. The seal or signature must be complete and legible.

9. Petitioners are required to look up and verify trademark registration details before filing their petition, and use the current trademark registrant details in the Petition for the Cancellation of a Registered Trademark for Three Consecutive Years of Nonuse.

10. Petitions for the cancellation of registered trademarks may only be filed with the Administration in the first three years of the publication of the trademark registration in the Official Gazette.

11. Petitions for the cancellation of international trademarks registered pursuant to Trademark Act §49(a) may only be filed with the Administration in the first three years following the expiration of the international registration’s opposition period. Petitions for international trademark registrations still under review or involved in opposition proceedings after the expiration of the opposition period should be submitted during the first three years from when the Administration grants registration.

12. Parties who are dissatisfied with a cancellation decision may file a petition for review with the Administration within 15 days of receiving the cancellation decision.

13. Petitioner Commitments section: Petitioners should read the commitments carefully before filing their petition. Petitioners will be deemed to have accepted the commitments upon filing their petition.

IV. Fee Payments

The Administration will review the petition once received, and will send a notice of payment to the petitioner once their petition is approved. Petitions will not be accepted if the required payment is not made, and petitioners will be notified of the reason for the refusal in writing. Petition fees are charged based on the trademark classification. For specific rates, refer to the website.

V. Trademark Documents Processing

The Administration will issue the petitioner a notice of acceptance for the petition and issue the trademark registrant a Notice to Provide Proof of Use of the Registered Mark once the petitioner pays the required fees. The Administration will review the proof of use documentation received from the trademark registrant, make a decision on whether to cancel the trademark registration and issue a written notice of the decision to both the trademark registrant and the petitioner. The Administration will send such notice to the trademark agent if the petition is filed through an agency.

VI. Notes

1. Please carefully read the guidelines for filling out the petition found on the back side of the form.

2. The petitioner’s name, domicile address, postal code, phone number, and other contact information must be filled in clearly and accurately to facilitate communications.

The above was revised in March 2023. Please follow the guidance and requirements provided by Administration staff if any changes are made in the future or if the above conflicts with the requirements provided by Administration staff processing the petition.

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See Trademarks FAQ to learn more about how trademarks work in China

 

This article was translated to American English using the User Centered Translation approach from the following government publication:

国家知识产权局商标局: “申请撤销连续三年不使用注册商标”

https://sbj.cnipa.gov.cn/sbj/sbsq/sqzn/202303/t20230330_26201.html