Trademark

Based on Article 44 (biz 4) of the Chinese Trademark Law, if a registered trademark is not used in three consecutive years after registration, anyone can file cancellation application against it at the Chinese Trademark Office. Upon receipt of the cancellation application, the Trademark Office will notify the trademark registrant, request it/him to provide, within 2 months upon receipt of the notice, use evidences or justified reasons of non-use in the three years before the cancellation filing date; where there is no use evidences provided or use evidences provided are not valid or there is no justified reasons for non-use, the trademark registration will be cancelled by the Chinese Trademark Office.

  Evidence materials include evidence materials of use of the registered trademark by the trademark registrant, as well as evidence materials of use by a third party licensed by the trademark registrant.

  Trademark registration cancelled because of three-year's non-use will be published by the Trademark Office, the exclusive right terminates from the date of cancellation decision of the Trademark Office. If the relevant party is not satisfied with the cancellation decision, a review request can be filed at the Trademark Review and Adjudication Board (TRAB), TRAB will then review the decision and make its own decision. If the relevant party is not satisfied with the decision of TRAB, within 30 day upon receipt of the decision, a lawsuit can be filed at the People's Court.

Requirements for filing a cancellation application based on three-year's non-use
  1) information of the trademark registration to be challenged;
  2) name and address of the applicant in both English and Chinese;
  3) one Power of Attorney signed by the applicant (company chop needed for Chinese entity applicant);
  4) any investigation results of non-use of the trademark registration to be challenged.

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