Checked: 2 November 2026 (official source pages); check updates before publication.
Direct answer
A registered mark may face a non-use cancellation request after a qualifying three-year period, but the result depends on the official procedure, actual use and any accepted reason for non-use.
Identify the mark and the period first
Ask for the registration number, registration announcement, approved goods and the actual period raised by the challenger. The phrase “three years” is not a substitute for the dates in the file. The 2019 Trademark Law, Article 49, allows an organization or person to request cancellation where a registered mark has not been used for three consecutive years without a valid reason. The 2026 revision, Article 57, retains a non-use cancellation route when it takes effect on 1 January 2027.
Do not treat a request as a result
A filed request does not automatically cancel the registration. The trademark authority examines the case and issues a decision. CNIPA’s 2025 explanation of its revised non-use application guide describes a stronger initial-investigation requirement for applicants, including information about the registrant and market checks. An owner served with an official use-evidence notice should focus on the precise demand and response date, not assume a generic internet article supplies the deadline.
Review the evidence and response
Collect records for each designated good or service at issue, linking the registered sign to transactions or promotion and the relevant dates. Preserve distributor or licensee authority where their activity is relied on. If use was interrupted, document the circumstances for professional assessment rather than describing every interruption as a valid excuse. A partial cancellation issue may need separate analysis by goods or services. The owner should also review how the mark is being used now to reduce future evidence gaps. ## Questions to resolve before action
- What is the official status and registration date?
- Which goods or services are challenged?
- What dated use records or interruption records exist?
- Who has the official notice and response deadline?
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
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.