Can a China trademark be cancelled for non-use?
A registered mark that has not been used for three consecutive years without a justified reason may be subject to a non-use cancellation request. The registrant may need to prove genuine use during the specified period.
Why it matters
Put the question in the right procedure and timeline
China trademark work is driven by filing position, the selected goods and services, and procedural stage. As of 29 July 2026, the 2019 Trademark Law remains operative; the revised 2026 law takes effect on 1 January 2027.
What changes the answer
What can change the answer
Keep product-specific evidence showing the mark, goods, date and China market connection, such as contracts, invoices, packaging and advertising in a coherent chain.
Do not act on the summary alone for a live matter. An official record, service date, document version, party identity or transitional rule can change the conclusion.
What to prepare
Prepare these three points
- 01
The cancellation notice and the exact three-year evidence period stated in it.
- 02
China-facing contracts, invoices, orders, packaging, advertising and platform records from that period.
- 03
A table linking each registered item to dated use evidence and the party using the mark.
Next step
Apply the answer to your actual record
Search the proposed marks and identify conflicts by goods and services.
Check whether this fact changes the answer: Keep product-specific evidence showing the mark, goods, date and China market connection, such as contracts, invoices, packaging and advertising in a coherent chain.
Calendar examination, opposition, review and renewal milestones.
Official sources
Official sources used for this article
These links lead to original CNIPA, WIPO or Supreme People's Court materials. Check the latest text, effective date and matter-specific procedure when acting.
- CNIPA Guide to cancellation for three consecutive years of non-use
- CNIPA Trademark Law of the People's Republic of China, 2019 text
Prepared and checked by Zhiquan IP against the listed primary materials. Cross-check the organization and contact details on the Credentials page.