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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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