Trademark Services / Dispute Services
Non-Use Cancellation (Three Years)
Non-use cancellation (3-year) — applying to cancel a registered mark unused for 3 straight years. The name you want is taken? If the owner hasn't genuinely used it for 3 years, apply to cancel it and clear the way for your registration. Also works against squatters' "zombie marks".
¥2000.00 (incl. official fee ¥450.00) Order now
What's included
- Check eligibility (e.g. registered 3+ years)
- Search use traces, issue investigation highlights
- Draft the cancellation brief (1 formal document)
- Pay official fee, file 1 business day after materials ready
- Handle their response, build rebuttal points
- Track the decision, proactive updates at milestones
Process
- Check target mark — You provide the other mark's number; we verify registration date and status, and confirm eligibility（Within 1 business day）Platform
- File cancellation — We draft the brief and pay the official fee; filed with CNIPA within 1 business day once materials are complete（1 business day）Platform
- Await their response — The registrant has a 2-month response window to submit use evidence; once served, we analyze it and inform you（2-month response window (official)）Authority
- Official decision — CNIPA examines the evidence and decides to cancel or maintain — the official review prevails. If maintained, we assess next steps（Decision within 9 months (official)）Authority
- Result & next steps — Once cancelled, we sync strategy advice for your own registration filing（1 business day after decision）Platform
Required materials
| Material | Notes | Applies to | Remarks |
|---|---|---|---|
| Target trademark info | Registration number or name — just enter online | All | Required |
| Business license | Upload a clear photo; the application form needs the company seal | Business | Required |
| ID card | Upload front and back photos; the application form needs your signature | Individual | Required |
| Cancellation application form | We draft and generate it; you check, sign/seal and send back | All | We prepare |
| Power of attorney | We generate it; you check, sign/seal and send back | All | We prepare |
FAQ
Must I prove they didn't use the mark?
No. In non-use cancellation the registrant must prove use: they must submit evidence of use in the 3 years before the filing date within the 2-month response window. The burden is on them.
What counts as genuine use?
Evidence must meet five elements: showing the mark, identifying the user, on the approved goods, within 3 years before the filing date, and originals or notarized copies are more readily accepted. Substandard evidence is where we focus our challenge.
Do backdated contracts or invoices help them?
Token use or token evidence is usually not accepted. We check the continuity and authenticity of their evidence chain and challenge any doubts.
Can I register the name right after cancellation?
Once the cancellation takes effect the mark lapses and can be re-applied for. Best to prepare your filing mid-to-late in the review so no third party beats you to it.
What if the cancellation is refused?
If CNIPA maintains the mark, we analyze why and assess a refusal review or other strategies (e.g. invalidation — a request to void a registered mark), telling you the odds honestly.
Need professional help?
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