1¡¢Introduction

    where the use of the registered trademark has ceased for three consecutive years, any person may apply to the Trademark Office for the cancellation of such registered trademark, and state the relevant circumstances.

2¡¢Requied documents

    (1) Cancellation form, with the company seal or the signature;

    (2) Power of attorney, with the company seal or the signature (No legalization or notarization is required);

    (3) Copy of Business certificate or the identity certificate, with the company seal or the signature;

3¡¢Procedure

    (1) Filing cancellation application

    Official filing notice will be issued by CTMO within one month after formality examination.

    (2) The Trademark Office shall notify the trademark registrant to, within two months from the date of receipt of the notification, provide evidence of use of the trademark prior to the submission of the application for cancellation, or explain proper reasons for non-use. If, at the expiry of the time limit, no evidence of use is provided or the evidence provided is invalid and there are no proper reasons for non-use, the Trademark Office shall cancel the registered trademark.

    Any party dissatisfied with the decision of the Trademark Office to cancel a registered trademark may, within fifteen days from receipt of the corresponding notice, apply for a review. The Trademark Review and Adjudication Board shall make a decision and notify the applicant in writing.
    Any interested party dissatisfied with the decision by the Trademark Review and Adjudication Board may, within thirty days from the date of receipt of the notice, institute legal proceedings in the People's Court.