How to file a cancellation request based on non-use for continuous three years?

Borsam IP
Borsam IP

How to file a cancellation request based on non-use for continuous three years

Although it is not compulsory to use a trademark in China after getting the trademark registration, it is still possible to remove the trademark by requesting to submit use evidence to release space for subsequent applications. It is relatively easy to file a cancellation request based on non-use for continuous three years in China because the challenger doesn’t even need to do an investigation and file anything to support his claim. Only a signed power of attorney, a request form as well as the identification document of the challenger is sufficient.
Who can file the cancellation request?
Anyone may file the cancellation request by filing a simple request and specify a three-year period. The three-year period should be backward from the filing date of the cancellation request.
How long will the trademark be cancelled?
After filing the cancellation request, the trademark office would go through the formality check of the application and issue a Filing Receipt Notice in around two months. And then to issue an official notification to the trademark owner to ask for use evidence in the designated period within one month. The decision will be issued in around nine months from the filing date.
What is a remedy of the cancellation?
If someone challenged your trademark by cancellation, and you are missed or unsuccessful to respond to the cancellation, after the cancellation request issued, you may file an appeal for trademark review.
What is use evidence?
According to the latest official notice concerning the Trademark Infringement Standard, the use of a trademark can be summarized as 1) the trademarks being used on goods, product packaging, containers, service sites, and transaction documents, 2) or the use of trademarks in advertising, exhibitions and other commercial activities to identify the source of goods or services. But in practice, the use evidence does not exist in insolation, the amount of the use evidence, as well as the purpose of the use, are both considerable standards. For example, to advertise the trademark information to announce the ownership of the trademark, use the trademark on complimentary products, transfer the trademarks or symbolically use of a trademark with quite a few trades would not be able to prove a real use of the trademark in commercial.