Strategic considerations for rights holders as CNIPA introduces new evidence requirements for non-use cancellation actions

While no official announcement has been released, recent amendment notifications show that the China National Intellectual Property Administration (CNIPA) has introduced new requirements for applying for non-use cancellation actions. The amendments seem to aim to curb frivolous filings and ensure integrity in the trademark cancellation process.

Legal basis for non-use cancellation in China

Under Article 49(2) of the China Trademark Law, any registered trademark that remains unused for three consecutive years without justifiable reasons may be subject to cancellation upon application by any party. This framework is designed to remove idle trademarks from the register and free up resources for active brand owners. 

New requirements introduced in 2025

The increasing volume of non-use cancellation applications at the CNIPA has led it to refine its procedural and evidentiary standards to maintain fairness and efficiency. 

Mandatory statement of reasons for filing

Applicants must now explicitly state the rationale behind their request. This includes whether the applicant’s new trademark application has been rejected or if there are any other related proceedings, such as bad-faith registrations. If no such reasonable ground exists, applicants and their agents are required to submit a declaration confirming that:

• no material facts, including the identity of the true applicant, have been concealed from the CNIPA; and
• all submitted information and materials are true, accurate and complete.

Preliminary evidence of non-use

Applicants must also provide initial evidence that demonstrates non-use of the contested trademark for three consecutive years. Such evidence includes:

• information about the trademark registrant, including basic details such as its operational status, business scope, current business activities and trademark portfolio; and
• search results from at least three different platforms, including comprehensive online platforms, industry-specific websites and e-commerce platforms (eg, Taobao.com, JD.com) using keywords such as the registrant’s name or trademark, combined with the designated goods or services. 

With regard to the latter, each set of search results must include printouts of at least five consecutive pages to demonstrate a thorough investigation. If the addresses of the applicant, its agent and the trademark registrant are within the same Chinese province, evidence of onsite investigation should be provided.

Implications for applicants

The CNIPA’s tightened requirements may present challenges for parties that intend to file non-use cancellation actions. 

• Increased preparation burden – applicants and their agents must conduct comprehensive preliminary searches and compile detailed evidence before filing, which may increase time and effort required.
• Enhanced accountability – the mandatory declaration of truthfulness places greater responsibility on applicants to ensure accuracy, potentially exposing them to legal risks that come with misrepresentation. For example, if search results show use of a mark but the applicant fails to fulfill the commitment, adverse consequences (eg, credit management penalties for dishonesty) may follow and the non-use cancellation action may be rejected.   

Strategic considerations

The requirement to disclose the purpose of the action may influence filing strategies. It is not advisable to file anonymous non-use cancellation actions. If the action is filed in a non-related party’s name, the CNIPA may reject the filing due to absence of reasonable and true grounds.

It is essential to conduct a preliminary search before submitting a non-use cancellation action. If this confirms that the mark is in use, it is not recommended to file a cancellation action for the relevant goods and/or services.

Key takeaways

These requirements reflect the CNIPA’s strict stance on protecting the legitimate rights and interests of rights holders and deterring bad-faith cancellation filings, and should significantly reduce the risk of a non-use cancellation being filed against genuine marks.