After receiving the Notice on Providing Evidence of Use of a Registered Trademark, the only correct action is: immediately verify the designated period, and submit evidence of use or an explanation of legitimate reasons to the CNIPA within the two-month defense period. Not responding is equivalent to giving up, and the trademark will be cancelled.
Step 1: Verify Key Information
- The trademark and classes subject to cancellation: confirm which trademark and which designated goods are targeted;
- The designated three-year period: evidence must fall within the three years counted back from the filing date of the cancellation application; evidence outside the period is invalid;
- The defense deadline: two months from the date of receiving the notice, based on when the CNIPA receives the materials — be sure to allow sufficient mailing or submission time.
Step 2: Organize the Evidence
Organize the evidence from strongest to weakest probative value: invoices, sales contracts, customs declarations, e-commerce orders, advertising contracts and publication vouchers, photos of physical packaging. Note:
- The trademark shown on the evidence must be substantially identical to the registered trademark;
- The evidence must cover the designated goods — if multiple goods are challenged, each should have corresponding evidence;
- Evidence should span the three-year period as broadly as possible, rather than being concentrated in one or two months;
- For web pages and e-commerce evidence, notarization or timestamps are recommended.
Step 3: Submit the Defense
You may submit it yourself or engage a trademark agency. When there is a large volume of evidence, prepare an evidence catalog stating the time, goods, and manner of use proven by each group of evidence.
What If the Evidence Is Insufficient?
If there are genuine objective obstacles (force majeure, policy restrictions), submit an explanation of legitimate reasons with supporting materials; for goods that genuinely have not been used, consider giving up that portion to preserve the core goods. After an unsuccessful defense you may still apply for review and bring an administrative lawsuit, but costs rise significantly — take the first-round defense seriously.
If you are facing the above situation, you can first obtain a non-use cancellation defense assessment at MyTMBee to confirm feasibility before deciding whether to file, avoiding blind filings that waste official fees.