Checked: 2 November 2026 (official source pages); check updates before publication.
Direct answer
A non-use cancellation request is a formal challenge to a registered mark; the applicant must prepare the required request and initial investigation, and the owner has an opportunity to respond with use evidence or another basis.
The request starts with a registered mark
Article 49 of the 2019 Trademark Law allows an organization or person to request cancellation where a mark has not been used for three consecutive years without a valid reason. The equivalent route appears in Article 57 of the 2026 revised law, which begins on 1 January 2027. The official register, registration announcement and designated goods or services must be checked before assuming the condition is met. A search result showing little market activity is not itself a cancellation decision.
What the applicant should investigate
CNIPA’s 2025 explanation of the revised application guide says the applicant should explain the non-use situation and submit preliminary investigation material. It gives examples including business-status information, searches of official or commercial online presences, and market investigation. This evidence supports a filing request; it is not proof that the owner cannot later establish use. The current form and document list should be checked with CNIPA before filing.
What happens after filing
The authority reviews the matter and communicates with the registered owner. The owner may present use evidence or a valid reason for non-use within the official procedure. The eventual decision may address the relevant designated goods or services, so a challenger should not assume that every class or related mark disappears together. Both sides should keep the application, service records, evidence and decision in one dated file. A future filing strategy should account for the status of the challenged mark while the decision is pending. ## Questions to resolve before action
- Is the target registered and what goods are covered?
- What period is alleged to lack use?
- What initial investigation has been preserved?
- What official notice and decision have actually issued?
Official sources and scope
- https://www.cnipa.gov.cn/art/2019/7/30/art_95_28179.html
- https://www.cnipa.gov.cn/art/2026/6/26/art_3686_206940.html
- https://www.cnipa.gov.cn/art/2025/5/30/art_55_199891.html
- https://www.cnipa.gov.cn/module/download/downfile.jsp?classid=0&filename=90e629cd05114970bb26ce028198002c.pdf
As checked on 2 November 2026, the 2019-amended Trademark Law is the current law. The revised law was adopted on 26 June 2026 and is scheduled to take effect on 1 January 2027 (Article 87). A consultation draft is not an operative rule. Confirm the governing text and any final implementation or transition measure for the date of the specific matter. This article is ChanYond’s independent reading aid, not a CNIPA statement or case-specific legal advice.