# Applying to cancel a registered trademark for non-use An English translation of CNIPA's guide to cancelling a registered trademark in China that has not been used for three consecutive years: who may apply, documents, preliminary evidence, fees, and the decision. Canonical URL: https://ginbing.com/docs/china-trademark/cnipa-guide-non-use-cancellation Markdown URL: https://ginbing.com/docs/china-trademark/cnipa-guide-non-use-cancellation/index.md ## TLDR Any organization or individual may apply to cancel a registered trademark not used for three consecutive years without a valid reason. The application can be filed once three years have passed from the registration announcement and needs preliminary evidence of non-use. A party who disagrees with the decision may apply for review within 15 days. ## Guide CNIPA's guide, translated by Ginbing. The Chinese original is on [CNIPA's website](https://sbj.cnipa.gov.cn/shqzn/2026/0830/53552.html). ## About this translation - **Official page.** [China Trademark Office website](https://sbj.cnipa.gov.cn/shqzn/2026/0830/53552.html) - **Issued by.** CNIPA Trademark Office - **CNIPA's dates.** Published May 26, 2025. The page says it revises the guide issued in March 2023. - **Checked against the official page.** November 6, 2026 > This is Ginbing's own English translation, for reference. It is not an official translation, and Ginbing is not part of CNIPA. Only the Chinese text is official. > **Warning:** This guide cites the 2019 Trademark Law. The [revised law](/docs/china-trademark/laws/trademark-law/2026) takes effect on January 1, 2027, and CNIPA may revise its guidance. ## CNIPA's note on this revision > To further improve filing efficiency and guide applicants in applying as required to cancel a registered trademark not used for three consecutive years without a valid reason, the Trademark Office has revised the content of Applying to Cancel a Registered Trademark Not Used for Three Consecutive Years (《申请撤销连续三年不使用注册商标》), issued in March 2023. The revised content is as follows: ## Legal basis and conditions > Under Article 49 of the Trademark Law of the People's Republic of China and Article 66 of the Implementing Regulations, where a registered trademark has not been used for three consecutive years without a valid reason, any organization or individual may apply to CNIPA to cancel it, and shall explain the relevant circumstances when filing. ## How to file > (1) The applicant files electronically on its own. > File through the trademark online service system. See the "Online Application" section of the China Trademark Website for how to submit. System address: https://sbj.cnipa.gov.cn/trademark-apply > (2) The applicant may file at the CNIPA Trademark Registration Hall: > Address of the CNIPA Trademark Registration Hall: No. 1 Chamanan Street, Xicheng District, Beijing. Postal code: 100055. > Office hours: 8:30-11:30 and 13:30-16:30. > Enquiries: 010-63218500. > (3) The applicant appoints a trademark agency recorded with CNIPA. ## Application materials > (1) Documents to submit > 1. the Application Form for Cancelling a Registered Trademark Not Used for Three Consecutive Years (《撤销连续三年不使用注册商标申请书》); > 2. preliminary investigation evidence that the challenged mark has not been used for three consecutive years without a valid reason, such as online search results or a market survey report; > 3. a copy of the applicant's identity document (such as a business license copy or identity card), sealed or signed by the applicant; and > 4. a trademark agency power of attorney, if an agency is appointed. > (2) Specific requirements > 1. The applicant shall complete the application form truthfully as required and shall not alter its format. The form shall be typed or printed. > 2. The applicant's name and the seal (or signature) in the applicant's seal (signature) field shall match the name on its identity document. A natural person shall write their identity document number after their name. > 3. The applicant's address shall begin with the names of administrative divisions such as the province, city, and county. The applicant shall use the address on its identity document, adding the relevant division names if that address does not include them. A natural person may give a mailing address. > 4. If a trademark agency files, the form shall give the agency's name, and the agent shall sign and affix the agency's seal in the "Agency Seal/Agent Signature" field. > 5. For a jointly owned mark, the "Trademark Registrant" field shall give the name of the representative of that mark. > 6. To cancel some of the goods or services, list them in the "Goods/Services to Cancel" field, using the same names as the approved goods or services (an additional sheet may be attached), and separate each item with a semicolon. To cancel all goods or services, write "全部" (all) in this field. > 7. Under the Implementing Regulations, the applicant shall explain in its grounds for cancellation the circumstances of the challenged mark's three consecutive years of non-use without a valid reason, and attach preliminary investigation evidence of the three years of non-use, such as online search results or a market survey report. > 8. A legal person or other organization shall affix its seal in the "Applicant Seal (Signature)" field. A natural person shall sign there. The seal or signature shall be complete and clear. > 9. Before filing, the applicant should check the registration status of the mark to be cancelled, and complete the application form with the details of its current registrant. > 10. An application to cancel a registered trademark shall be filed with CNIPA once 3 years have passed from the date of the mark's registration announcement. > 11. An application under Article 49, paragraph 2 of the Trademark Law to cancel an international registration shall be filed with CNIPA once 3 years have passed from the end of the refusal period for that international registration application. If review of a refusal or opposition proceedings were still under way when the refusal period ended, it shall be filed once 3 years have passed from the date CNIPA's decision to approve registration took effect. > 12. A party who disagrees with the decision may apply to CNIPA for review within 15 days from receipt of the cancellation decision. > 13. "Applicant's Undertaking" field: the applicant should read the undertaking carefully before filing. Filing is treated as accepting it. > 14. The applicant's documents proving its standing shall meet the requirements of Section 5.1, Chapter 1, Part One of the first volume of the Trademark Examination and Adjudication Guidelines (《商标审查审理指南》). The trademark agency power of attorney and similar documents shall meet the requirements of Section 5.2 of the same chapter. > 15. Preliminary investigation evidence includes, but is not limited to: information on the registrant's business scope, operating status, or continued existence; market surveys of the challenged mark, which are not limited to specialist search platforms; and evidence from online searches, market research, and on-site investigation of the registrant's official website, WeChat official account, e-commerce platforms, offline production and business premises, and similar sources. ## Paying the official fee > After receiving the cancellation application, if examination shows it meets the conditions for acceptance, CNIPA sends the applicant a payment notice. If the applicant does not pay as required, the application is not accepted and the applicant is notified in writing. The fee is charged per class. For the fees, see https://sbj.cnipa.gov.cn/sfbz/index.html ## Receiving trademark documents > After the applicant pays as required, CNIPA issues the applicant a notice of acceptance of the cancellation application and sends the registrant a Notice to Provide Evidence of Use of a Registered Trademark (《关于提供注册商标使用证据的通知》). After receiving the registrant's evidence of use, CNIPA examines the evidence, decides whether to cancel the registered trademark, and notifies the registrant and the cancellation applicant in writing. If a trademark agency was appointed, CNIPA mails the decision to that agency. ## Points to note > 1. Read the instructions on the back of the application form carefully. > 2. The applicant's name, address, postal code, telephone number, and other contact details must be clear and accurate so that the applicant can be reached. ## Related pages - [Proving trademark use: CNIPA's guide](/docs/china-trademark/cnipa-guide-use-evidence) - [Renewal: how the deadlines work](/docs/china-trademark/renewal) - [CNIPA's official fees](/docs/china-trademark/cnipa-official-fees)