'Non-use cancellation' (che san) is the shorthand used in trademark practice for the "cancellation for three consecutive years of non-use" regime under Article 49(2) of the Trademark Law: where a registered trademark has not been used for three consecutive years without a legitimate reason, any entity or individual may apply to the CNIPA for cancellation.
Why This Regime Exists
Trademark rights are acquired through registration, but registration resources are finite. The legislative purpose of the non-use cancellation regime is to clear long-idle "zombie trademarks," release registration resources, prevent trademark hoarding, and return trademarks to their "use" origin.
Typical Non-Use Cancellation Scenarios
- Clearing obstacles: a new trademark application is refused by citation of an earlier trademark, and the applicant files a non-use cancellation against the cited mark to clear the registration obstacle — the most common motive;
- Competitive attack: a competitor's core trademark has long been unused in practice, and a non-use cancellation weakens its rights base;
- Bargaining chip: used as a countermeasure in trademark disputes.
What It Means for Registrants
- The threshold for filing a non-use cancellation is extremely low — anyone can file;
- The defense period is only two months from receipt of the defense notice; missing it is deemed a waiver;
- Evidence must be "genuine, lawful, and valid" and must cover the three consecutive years before the cancellation application date;
- Where there is no evidence of use for part of the designated goods, the registration for that part will be cancelled.
Key Takeaway
A trademark is not a certificate you can "register and forget" — it is a right that requires continuous use and maintenance. After registration, ensure genuine and compliant use, and establish an annual archiving mechanism for evidence of use.
If you are facing the above issues, you can first obtain a non-use cancellation defense at MyTMBee to confirm feasibility before deciding whether to submit, avoiding blind filings that waste official fees.