Big Changes to Trademark Cancellations in China strengthen TM holders — What You Need to Know in 2025.
Starting in 2025, China’s trademark office (CNIPA) is rolling out the strictest update ever to its Three-Year Non-Use Cancellation process.
Big Changes to Trademark Cancellations in China strengthen TM holders — What You Need to Know in 2025.
Starting in 2025, China’s trademark office (CNIPA) is rolling out the strictest update ever to its Three-Year Non-Use Cancellation process. Gone are the days of simply submitting a screenshot to cancel a mark. The system has evolved significantly- now in its fifth version, which even includes on-site investigations.
To help international applicants stay ahead, our Chinese associate has outlined the key updates you should be aware of:
Real Identity Required
Cancellations must now be filed under the actual name of the interested party. Using nominees or “shell” applicants is no longer allowed.
Good Faith Declaration Needed
Applicants must sign a formal statement confirming all the facts are accurate and complete. Any hidden or misleading information could lead to rejection.
Smarter Pre-Filing Investigations
To avoid wasting time and resources, our Chinese associate will now run a more thorough check before filing. This includes scanning various online platforms and business databases to see if the mark is still in use.
If the Mark is Actively Used
If the investigation clearly shows the trademark is being used, filing for non-use cancellation is unlikely to succeed. In such cases, we’ll advise against moving forward.
What to Expect
Even strong cases might get a rectification notice due to evolving CNIPA practices. While this won’t happen in every case, we want you to be prepared for potential extra steps or costs. Rest assured, we’ll do everything we can to minimize this.
Feel free to contact us for further advice and consultation.
Written by Jenny Shostak, Head of Trademark Practice.