The China Trademark Office has released the revised 2025 version of the specific requirements for the withdrawal of three trademarks

2025-08-05

Apply for revocation of a registered trademark that has not been used for three consecutive years without justifiable reasons

In order to further improve application efficiency and guide applicants to apply for revocation of a registered trademark that has not been used for three consecutive years without justifiable reasons, the Trademark Office has revised the content of the "Application for Revocation of a Registered Trademark that has not been used for three consecutive years" published in March 2023. The revised content is as follows:

1、 Legal Basis and Application Conditions

According to Article 49 of the Trademark Law of the People's Republic of China and Article 66 of the Regulations for the Implementation of the Trademark Law, if a registered trademark is not used for three consecutive years without justified reasons, any unit or individual may apply to the China National Intellectual Property Administration for cancellation of the registered trademark, and shall state the relevant information when submitting the application.

2、 Application process

（1） The applicant shall submit an electronic application on their own.

Submit an application through the trademark online service system. The submission method can be found in the "Online Application" section of China Trademark Network. Trademark Online Service System URL: https://sbj.cnipa.gov.cn/sbj/wssq/

（2） Applicants can go to the Trademark Registration Hall of the China National Intellectual Property Administration to:

Office address of the Trademark Registration Hall of the China National Intellectual Property Administration: No. 1, South Chama Street, Xicheng District, Beijing Postcode: 100055

Office hours: 8:30-11:30 13:30-16:30

Consultation hotline: 010-63218500

（3） Entrust a trademark agency registered in the China National Intellectual Property Administration.

3、 Application materials

（1） Documents to be submitted

1. Revocation of the application for not using a registered trademark for three consecutive years;

2. Preliminary investigation evidence that the applied trademark has not been used for three consecutive years without justifiable reasons, such as online search results, market research reports, etc;

3. Copy of the applicant's identification documents (copy of business license, ID card, etc.) confirmed by seal or signature;

If entrusting a trademark agency to handle, submit a trademark agency power of attorney.

（2） Specific requirements

1. The applicant shall truthfully fill in the application form as required and shall not modify the format without authorization. The application form should be typed or printed.

2. The applicant's name and the stamp (signature) affixed to the applicant's seal (signature) should be consistent with the name on their identification document. If the applicant is a natural person, the identification document number should be filled in after the name.

3. The applicant's address should be prefixed with the name of the administrative division such as province, city, county, etc. The applicant shall fill in the address according to the address in the identity document. If the address in the identity document does not include administrative divisions such as province, city, or county, the applicant shall add the corresponding administrative division name. If the applicant is a natural person, they can provide their mailing address.

4. For those who entrust a trademark agency to apply, the name of the agency should be filled in and signed by the agent and stamped with the agency seal at the "Agency Stamp/Agent Signature" section.

5. If applying for revocation of a jointly owned trademark, the "trademark registrant" shall fill in the name of the representative of the jointly owned trademark.

6. To apply for the revocation of some goods/services, the name of the goods/services to be revoked should be filled in the "Revocation of Goods/Services" section, and it should be the same as the name of the approved goods/services (additional pages can be added), with each item separated by a semicolon; Apply to revoke all goods/services, please fill in the word "all" here.

According to the Regulations on the Implementation of the Trademark Law, the applicant shall state in the reasons for revocation the relevant circumstances of the non use of the applied trademark for three consecutive years without justifiable reasons, and attach preliminary investigation evidence of the non use of the applied trademark for three years, such as online search results, market research reports, etc.

If the applicant is a legal person or other organization, they shall affix their seal at the "Applicant Stamp (Signature)" location. If the applicant is a natural person, they should sign here. The stamp or signature should be complete and clear.

Before submitting the application, the applicant should inquire about the registration status of the revoked trademark and fill out the "Application for Revocation of Non use of Registered Trademark for Three Consecutive Years" based on the current registrant of the trademark.

10. An application for cancellation of a registered trademark shall be filed with the China National Intellectual Property Administration three years after the date of the announcement of the trademark registration.

11. In accordance with Paragraph 2 of Article 49 of the Trademark Law, an application for revoking an internationally registered trademark shall be filed with the China National Intellectual Property Administration after three years from the date of expiration of the time limit for rejecting the application for international registration of the trademark; If it is still in the process of rejection reexamination or objection at the expiration of the rejection period, it shall file an application with the China National Intellectual Property Administration after 3 years from the effective date of the registration approval decision made by the China National Intellectual Property Administration.

12. If the party concerned is not satisfied with the decision, it may apply to the China National Intellectual Property Administration for reexamination within 15 days from the date of receiving the revocation decision.

13. "Applicant's Commitment" column: The applicant should carefully read the content of the applicant's commitment before submitting the application. Once the application is submitted, it is deemed that the applicant has accepted the promised content.

14. The subject qualification certificate submitted by the applicant shall comply with the requirements of Chapter 5.1 of Part One of the "Guidelines for Trademark Examination and Adjudication"; The letter of authorization for trademark agency and other documents shall comply with the requirements of Chapter 5.2 of Part One of the Guidelines for Trademark Examination and Adjudication.

15. The preliminary investigation evidence includes but is not limited to the following contents: the business scope or business scope, business status or existence status of the applied trademark registrant, the market investigation of the applied trademark, the relevant investigation is not limited to professional inquiry platforms, the network inquiry, market research, field investigation and other evidence materials of the applied trademark registrant's official website, WeChat official account, e-commerce platform, offline production and operation sites, etc.

4、 Pay regulatory fees

After receiving the cancellation application, the China National Intellectual Property Administration will issue a payment notice to the applicant if it meets the acceptance conditions after examination. If the applicant fails to pay as required, the application will not be accepted and the applicant will be notified in writing. Apply for charging by category. Please refer to: https://sbj.cnipa.gov.cn/sbj/sbsq/sfbz/

5、 Check the trademark documents

After the applicant pays the required fees, a notice of cancellation of the application acceptance will be issued to the applicant, and a notice on providing evidence of the use of the registered trademark will be issued to the trademark registrant. The China National Intellectual Property Administration, after receiving the evidence of the use of the registered trademark provided by the trademark registrant, will examine the evidence materials, make a decision on whether to revoke the registered trademark, and notify the trademark registrant and the applicant of the revocation in writing. If it is entrusted to a trademark agency, the China National Intellectual Property Administration will mail the decision to the trademark agency.

6、 Precautions

1. Please read the instructions on the back of the application form carefully.

2. The applicant's name, address, postal code, telephone number, and other contact information must be filled in clearly and accurately for easy communication.

Source: Website of China National Intellectual Property Administration
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