The China National Intellectual Property Administration (CNIPA) has implemented stricter regulations for non-use cancellation actions involving trademarks that have not been used for three consecutive years, establishing new requirements that significantly increase the burden of proof on the applicant seeking the cancellation.
Under the new regime, applicants must now submit comprehensive evidence, including the business registration of the owner of the sign, proof of commercial activity at physical premises, and online use evidence. These changes shift a greater burden of proof onto applicants, aiming to curb abusive cancellation filings and protect legitimate trademark holders.
Therefore, the update promote fairness and aims to reduce malicious interference, ensuring that trademarks are only challenged when genuinely unused. Accordingly, the reform enhances the credibility and efficiency of China’s trademark system while preserving valuable administrative resources.
