Trademark Cancellation

There are two kinds of Cancellations:
Raised by the China Trademark Office;
Filed to the China Trademark Office.

The cancellation which is raised by the China Trademark Office mainly refers to the cancellation on the un-renewed registered trademark. If the trademark is not renewed in the ruled renewal period, the China Trademark Office has the right to cancel it.

The cancellation which is filed to the China Trademark Office refers that a registered trademark is filed to be canceled by someone. Here “someone” could be the trademark owner or a third party.

Item 2 of Article 49 of China Trademark Law:

Where a registered trademark has been a generic name in a category of approved goods, or the mark has not been used for a period for more than 3 years without any justifiable reason, any organization or individual can file the cancellation application on this mark to the Trademark Office.

In accordance with the China Trademark Law:

If your mark has be registered for 3 years but it’s not been used, anyone can file the cancellation application on your mark. Likewise, if your trademark is squatting registered by someone else in China and he did not used the mark for 3 consecutive years after the registration, you can raise the cancellation application against it and get the good opportunity to register your mark in your name.