Can a Registered Trademark Be Cancelled If It Is Not Used?

Yes, it can be cancelled. Article 49 of the Trademark Law provides that where a registered trademark has not been used for three consecutive years without justifiable reason, any entity or individual may apply to the CNIPA for cancellation of that registered trademark. After receiving the notice to respond, the registrant must submit use evidence within the prescribed time limit; failing to provide valid evidence, the trademark will be cancelled.

Key Points of the Non-Use Cancellation Regime

• Trigger: the trademark has been registered for three years and has not been genuinely used on the approved goods or services for three consecutive years.
• Applicant: any entity or individual may file — no interest in the matter is required.
• Reversed burden of proof: the registrant must prove genuine use during the three-year period, rather than the applicant proving non-use.
• Response deadline: submit use evidence, or an explanation of justifiable reasons for non-use, within 2 months of receiving the CNIPA's notice.

What Counts as Valid Trademark Use

Valid use must be genuine, public, commercial use on the approved goods or services, including:

1. Use on goods, packaging, containers, and transaction documents.
2. Use in advertising, exhibitions, and other commercial activities.
3. An evidentiary chain of sales contracts, invoices, customs declarations, and the like corroborating genuine transactions.

Merely token use (such as sham contracts signed to fend off cancellation, or advertising with no genuine transactions) is not recognized; the evidence must show the three elements of the trademark specimen, the time of use, and the approved goods.

The Justifiable-Reason Exception

Where use was impossible due to force majeure, government policy restrictions, bankruptcy liquidation, or other objective reasons, a justifiable reason may be invoked to avoid cancellation — but the evidentiary standard is strict.

Practical Advice

• Put the trademark into genuine use as soon as possible after registration, and systematically preserve contracts, invoices, and promotional materials as evidence.
• Defensively registered classes need a use plan, or acceptance of the cancellation risk.
• Always respond on time upon receiving a cancellation notice — silence equals abandoning the trademark.

If you are facing the issues above, you may first set up archive management on MyTMBee and confirm feasibility before deciding whether to proceed, so as to avoid wasting official fees on blind filings.