# CNIPA's answers on non-use cancellation

CNIPA's published replies on who can file for non-use cancellation, when the three years start, valid reasons for non-use, use evidence, and when a cancelled right ends.

Canonical URL: https://ginbing.com/docs/china-trademark/cnipa-answers-non-use
Markdown URL: https://ginbing.com/docs/china-trademark/cnipa-answers-non-use/index.md

## TLDR

CNIPA's published replies on who can file for non-use cancellation, when the three years start, valid reasons for non-use, use evidence, and when a cancelled right ends.

## Guide

Replies CNIPA published to questions about non-use cancellation, translated by Ginbing. Each reply links to its Chinese original on CNIPA's website.

## About these replies

- **Official source.** [Trademark registration questions](https://www.cnipa.gov.cn/jact/front/mailpublist.do?sysid=13), the public column where CNIPA answers trademark questions. Each reply links to its official page.
- **Issued by.** CNIPA
- **CNIPA's dates.** Each reply shows the date CNIPA answered.
- **Checked against the official page.** November 6, 2026

> These are replies to individual questions. They are not rulings, and CNIPA decides each case on its own facts. The translations are Ginbing's own, not official, and Ginbing is not part of CNIPA. Only the Chinese text is official. The questions are Ginbing's short summaries; the asker's own words are on the official page. Greetings and contact details are left out, and long replies are shortened to the parts that answer the question.

> **Warning:** Each reply states the position on its date. Most cite the 2019 Trademark Law, and the [revised law](/docs/china-trademark/laws/trademark-law/2026) takes effect on January 1, 2027, with [some changed rules and article numbers](/docs/china-trademark/2027-trademark-law-changes). Fees and procedures can also change. Check the current rule before relying on an older reply.

## Who may apply to cancel a registered mark for non-use or becoming generic?

> Under Article 49 of the Trademark Law, where a registered trademark has become the generic name of its approved goods, or has not been used for three consecutive years without justifiable reason, any organization or individual may apply to the Trademark Office to cancel that registered trademark.
>
> [CNIPA reply of October 14, 2024](https://www.cnipa.gov.cn/jact/front/mailpubdetail.do?sysid=13&transactId=477185), translated by Ginbing

## From what date is the three-year period for non-use cancellation counted?

> Under Article 66 of the Regulations for the Implementation of the Trademark Law of the People's Republic of China, an application to cancel a registered trademark on the ground that it has not been used for 3 consecutive years without justifiable reason must be filed after 3 years have passed from the date of that registered trademark's registration announcement.
>
> [CNIPA reply of April 23, 2023](https://www.cnipa.gov.cn/jact/front/mailpubdetail.do?sysid=13&transactId=428787), translated by Ginbing

## What counts as a justifiable reason for three consecutive years of non-use?

> Any of the following circumstances is a justifiable reason for three consecutive years of non-use:

> 1. Force majeure;

> 2. Government policy restrictions;

> 3. Bankruptcy liquidation;

> 4. Other justifiable causes not attributable to the trademark registrant.
>
> [CNIPA reply of April 10, 2026](https://www.cnipa.gov.cn/jact/front/mailpubdetail.do?sysid=13&transactId=528223), translated by Ginbing

## Can non-use cancellation target one class of a multi-class mark, and does losing affect others?

> 1. For a multi-class mark, a non-use cancellation may be filed against a single class only. 2. If the response fails, the rights in the other classes are not affected.
>
> [CNIPA reply of December 30, 2025](https://www.cnipa.gov.cn/jact/front/mailpubdetail.do?sysid=13&transactId=519709), translated by Ginbing

## Is a cited mark still valid after its owner is dissolved, and what remedies exist?

> A trademark is valid during its exclusive-right term.

> Article 49 of the Trademark Law of the People's Republic of China and Article 66 of the Regulations for the Implementation of the Trademark Law provide that where a registered trademark has not been used for three consecutive years without justifiable reason, any organization or individual may apply to CNIPA to cancel that registered trademark.

> Article 34 of the Trademark Law of the People's Republic of China provides that a trademark registration applicant who disagrees may apply to CNIPA for review within fifteen days from the date of receiving the notice.
>
> [CNIPA reply of February 12, 2025](https://www.cnipa.gov.cn/jact/front/mailpubdetail.do?sysid=13&transactId=486184), translated by Ginbing

## Must I submit a statement of use every five years?

> There is no requirement to submit a statement of trademark use every five years.
>
> [CNIPA reply of January 15, 2025](https://www.cnipa.gov.cn/jact/front/mailpubdetail.do?sysid=13&transactId=485085), translated by Ginbing

## What must use evidence show, and does use on some goods preserve similar goods?

> Evidence used to prove that the disputed trademark has not gone unused for three consecutive years must meet the following requirements:

> (1) It can show the sign of the disputed trademark as used;

> (2) It can show that the disputed trademark was used on the designated goods or services;

> (3) It can show who used the disputed trademark, which includes the trademark registrant itself, others licensed by the registrant, and other persons who use the mark in a way not contrary to the will of the trademark owner. Where another party is licensed to use it, the existence of the license relationship must be provable;

> (4) It can show the date of use of the disputed trademark, which must fall within the three years counted back from the date of the cancellation application;

> (5) It can prove use of the disputed trademark within the territory to which the Trademark Law applies;

> Where a non-use cancellation application seeks to cancel the registration on all approved goods, and the use evidence provided by the trademark registrant can prove use of the registered trademark only on some of the approved goods, the registration on those goods and on goods similar to them may be maintained, and the registration on the other goods is cancelled.

> Where a non-use cancellation application seeks to cancel the registration on part of the approved goods (hereinafter the challenged goods), and the use evidence provided by the trademark registrant can prove use of the registered trademark on some of the challenged goods, the registration on those challenged goods and on goods similar to them may be maintained, and the registration on the other goods is cancelled.

> Where the goods on which the disputed trademark is actually used are not a standard goods name in the Classification of Similar Goods and Services, but differ from the approved goods of the disputed trademark only in name and are in essence the same goods, or where the goods actually used are a narrower concept within the approved goods, this may be found to constitute use on the approved goods.

> Where, when the disputed trademark was approved for registration, the approved goods not actually used and the goods actually used were not similar goods in the Classification of Similar Goods and Services, but because of changes to the Classification they are similar goods when the case is heard, the factual state at the time of the hearing governs, and the registration on the goods not actually used may be maintained.

> Where, when the disputed trademark was approved for registration, the approved goods not actually used and the goods actually used were similar goods in the Classification of Similar Goods and Services, but because of changes to the Classification they are not similar goods when the case is heard, the factual state at the time of approval for registration governs, and the registration on the goods not actually used may be maintained.
>
> [CNIPA reply of April 2, 2024](https://www.cnipa.gov.cn/jact/front/mailpubdetail.do?sysid=13&transactId=457819), translated by Ginbing

## Can I submit more evidence in a non-use response, and by when?

> Under the Trademark Examination and Trial Guidelines, the registrant must submit use evidence within the prescribed period as required by the Notice to Provide Use Evidence. The explanatory materials and use evidence submitted by the registrant must have a table of contents and be bound in the order of that table. Use evidence submitted is generally not returned.

> Where the registrant submits use evidence after the prescribed period but before the trademark registration department completes the relevant examination procedure, that evidence may be taken into account as use evidence on file. Use evidence submitted after the trademark registration department completes the relevant examination procedure is not examined as use evidence on file.

> Please submit any supplementary evidence promptly; whether it can be taken into account as use evidence on file is subject to examination.
>
> [CNIPA reply of May 29, 2024](https://www.cnipa.gov.cn/jact/front/mailpubdetail.do?sysid=13&transactId=462394), translated by Ginbing

## When does a cancelled mark's exclusive right end, and can someone else then register it?

> A cancelled registered trademark is announced by the Trademark Office, and the exclusive right in that registered trademark ends from the date of the announcement.

> After a trademark registration application is filed, the outcome is subject to the Trademark Office's examination.
>
> [CNIPA reply of January 4, 2024](https://www.cnipa.gov.cn/jact/front/mailpubdetail.do?sysid=13&transactId=451415), translated by Ginbing

## By when must a non-use cancellation application be withdrawn?

> In this situation, the withdrawal application must be filed before the examination conclusion is issued.
>
> [CNIPA reply of July 10, 2023](https://www.cnipa.gov.cn/jact/front/mailpubdetail.do?sysid=13&transactId=436342), translated by Ginbing

## Related pages

- [CNIPA: Non-use cancellation guide](/docs/china-trademark/cnipa-guide-non-use-cancellation)
- [CNIPA: Use evidence](/docs/china-trademark/cnipa-guide-use-evidence)