LegalFly IP：
Register Chinese Trademark!

About the Author. Mark Xu, Chinese trademark lawyer, founder of LegalFly IP, Master Degree of International Law of Law School of Nanjing University (QS top 100, Chinese Mainland top 5). 8-year experience of trademark service, successfully registered 1,000+ Chinese trademarks for foreign clients.

WhatsApp: +86-167-8881-8032; E-mail: markxu@legalflyip.com

I. What is Trademark Cancellation for Three-year Non-use?

Each registered Chinese trademark has its registration date. From the end of the third year of its registration date, any company and individual is qualified to apply for Trademark Cancellation for Three-year Non-use of the registered trademark.

The purpose of this system is to push the trademark owner to actually use the registered trademark, and provide chances to other people to achieve the trademark.

This system can be used when the target brand name has been registered by others and has registered over 3 years.

II. How It Works

For example, if a trademark is registered on July 1, 2026, then, on July 1, 2029, any company and individual is qualified to apply for cancellation of the trademark to China Trademark Office by reason of three-year non-use.

After the trademark owner’s receipt of the cancellation notice, it needs to provide evidences in stipulated period, to prove it has actually used the trademark during the past three years.

If the evidences are accepted by China Trademark Office, which means the trademark owner indeed has actually used the trademark during the past three years, the cancellation application fails, and the trademark will remain registered.

On the contrary, if the trademark owner does not provide any evidence, or the evidences are not accepted by China Trademark Office, the cancellation application successes, and the trademark will be cancelled by China Trademark Office.

III. Strategy of Using the System

Theoretically, it is easy to understand how it works as above mentioned; however, in actual situation, it is much more complex and requires strategic methods.

This system usually needs to be used in combination with Trademark Registration, and Trademark Rejection Review, even Review for Cancellation, which are 2 or 3 steps.

Hereunder are the complete 3 steps.

IV. Step 1: Trademark Registration, and Trademark Cancellation for Three-year Non-use

We need to apply trademark registration for the brand name; meanwhile, we need to apply for Trademark Cancellation for Three-year Non-use.

The application of the brand name in this step definitely will be rejected by China Trademark Office, the purpose of application in this step is for our following processes, and to prevent the owner applies another new trademark for keeping preventing us.

It usually takes 9 months in this Step.

V. Step 2: Trademark Rejection Review

The trademark application in Step 1 will definitely be rejected by China Trademark Office; therefore, we need to apply for Trademark Rejection Review.

After the application of Trademark Rejection Review, we submit application of suspension to China Trademark Office, which is suspension of the Rejection Review, until the trademark cancellation has been completed.

It usually takes 8-12 months in this Step.

VI. Step 3 (if any): Review for Cancellation

If we have successfully cancelled the registered trademark, we ask China Trademark Office to restart the Trademark Rejection Review in Step 2. At this moment, since the trademark has been cancelled, then the trademark application in Step 1 will be approved, then there is no this Step 3.

If we fail to cancel the trademark, we can apply for Review for Cancellation.

It usually takes 12 months in this Step.

VII. Conclusion

As the 3 steps above mentioned, Trademark Cancellation for Three-year Non-use is a very strategic and complex system, which requires sufficient professional knowledges and wisdom in this field; otherwise, it cannot be used properly and well, and the final purpose cannot be achieved.

VIII. More FAQs about Chinese Trademark Registration

For more frequently asked questions about how to register Chinese trademark, please see FAQs article in our official website, and hereunder is the article link:

https://legalflyip.com/FAQs.html

Questions are also welcomed, please contact our WhatsApp: +86-167-8881-8032.

Back