In recent times, issues surrounding the cancellation of registered trademarks for non-use over three consecutive years have become a hot topic due to practical changes and the substantial volume of Office Actions (i.e., Official Notifications requesting the non-use cancelation applicant to provide additional supporting information/documents) issued by the China National Intellectual Property Administration (CNIPA). These evolving practices and unclear guidelines have posed significant challenges for non-use cancellation applicants and agencies.
However, on May 26, the CNIPA released newly revised rules and requirements for Applications to Cancel Registered Trademarks for Non-Use Over Three Consecutive Years Without Proper Justification, offering relatively clearer guidance on practical implementation. Key updates that applicants for such non-use cancellations should note include:
1. Statement of Non-Use: Non-use cancellation applicants must explicitly state in their cancellation application that the targeted trademark has not been used for three consecutive years without proper justification.
2. Preliminary Evidence: Submission materials must include preliminary investigative evidence demonstrating non-use, such as online search results, market research reports, or similar documentation.
3. Preliminary investigation evidence should include but is not limited to the following:
1) The registrant's business scope, operational status, or corporate standing.
2) Market investigations into the trademark's usage, including searches on professional platforms, the registrant's official website, social media accounts (e.g., WeChat public accounts), e-commerce platforms, physical business premises, on-site surveys, etc.
4. Applicant Commitments: Before submission, applicants must review and accept a formal commitment stating:
1) Awareness that submitting false materials or concealing material facts constitutes untrustworthy conduct.
2) Commitment to act in good faith, conduct preliminary investigations confirming no market use of the trademark, and guarantee the accuracy and completeness of submitted information.
3) Acceptance of penalties under national credit management systems for breaches of commitments.
Submission of the application constitutes acceptance of these terms.
These revisions align with recent Office Actions issued by the CNIPA regarding non-use cancellation applications. While the new rules increase the burden of proof on non-use cancellation applicants, they are anticipated to reinforce the stability of registered trademarks and deter abusive cancellation practices.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
