Proving Use of a China Trademark: What Counts as Evidence

A Chinese trademark registration is not a trophy. It is a right that has to be maintained, and maintenance means use.

Under the law applicable on 25 October 2026, a registration unused without a legitimate reason for three consecutive years may be challenged by any unit or individual. The revised law effective from 1 January 2027 also provides for cancellation by the authority on its own initiative. The two versions must not be treated as already interchangeable.

If you hold a Chinese registration you are not actively selling under, this is the risk you are carrying.

The rule, precisely

The relevant period is the three years immediately preceding the cancellation application, as specified in the notice. For an application filed on 25 October 2026, check use in the period 25 October 2023 to 24 October 2026, subject to the dates in CNIPA's notice. The challenger cannot select an arbitrary earlier three-year block.

Two consequences follow, and both matter:

Use after the cancellation application does not by itself prove use in the assessed period.
Use within the assessed period can be relevant even if it occurred shortly before the challenge. Its authenticity and commercial substance still matter.

The registrant must produce evidence of genuine use in the assessed period or establish a legitimate reason for non-use. The challenger also has a filing burden: CNIPA's revised 2025 guide requires an explanation and preliminary investigation evidence, such as relevant online searches or market investigation. This is different from requiring the challenger to prove every possible absence of use.

What counts as use

The standard is use in the course of trade, in China, on the goods or services of the registration, by the owner or with the owner's consent. Accepted categories include:

Sales. Invoices, contracts, customs declarations, export documentation. Invoices are the single most persuasive category because they are dated, third-party generated and show the mark.
Advertising and promotion. Advertisements, brochures, catalogues, exhibition materials, online store pages, social media marketing with the mark visible.
Packaging and labels. Product labels, packaging, containers bearing the mark.
Licensing. Licence agreements with a licensee, plus evidence the licensee actually used the mark.
Certificates and official documents. Product approvals, quality certificates, awards.
Domain and e-commerce. Website records showing the mark in use for the goods, with transaction records.

The three conditions that decide most cases

Evidence is not accepted at face value. To be probative it generally has to satisfy all three:

1. Inside the time window. A document dated outside the selected three-year period does not support the registration. This is the most common reason strong-looking evidence fails.

2. Linking the evidence to the registered mark. The evidence as a whole must identify the mark used. An invoice need not itself reproduce the mark if contracts, packaging, delivery records and other reliable material establish the necessary link. A company name or product code with no corroborating link is weaker evidence.

3. On the registered goods or services. The evidence must relate to the goods or services in the registration. Use on completely different products does not maintain the registration for the goods claimed.

Evidence that satisfies only one or two of these tends not to be accepted in practice. A dated invoice carrying the mark for the registered goods satisfies all three; a batch of undated catalogue pages for an unrelated product line satisfies none.

Where evidence usually breaks down

No dates. Undated documents are the classic failure. A photograph of packaging proves the packaging exists; it does not prove use in a particular three-year window. Photograph the product with a dated invoice or a dated publication alongside it.

Self-made documents. Company-prepared materials carry less weight than documents produced by third parties. An invoice issued to a real customer, a customs declaration, a distributor's purchase order — these are outside the owner's own control and are treated as more reliable.

Territory. Foreign sales alone do not establish use in China. Manufacturing and export-related use may be relevant, but shipment through China alone is not automatically sufficient; the actual trademark use, goods, dates and supporting evidence must be assessed.

Only one document. A single invoice may form part of the evidence, but neither its existence nor the quantity alone proves qualifying use. Assess authenticity, dates, the link to the registered mark and goods or services, and genuine commercial activity rather than a transaction arranged only to preserve the registration.

Different mark. Use of BRANDCO does not maintain BRANDCO with a distinctive device element if the evidence shows only the word. Close variations may be accepted; materially different marks are not.

The "three-year use" myth, in the other direction

There is a persistent belief that if you use a mark anywhere once every three years, the registration is permanently safe. It is worth being clear about why that is fragile:

The filing date fixes the relevant period. Keep a continuing evidence file rather than assuming an isolated document at three-year intervals will prove genuine use whenever challenged.

One document is rarely enough. The requirement is proof of genuine use, and a single staged transaction invites scrutiny.

A registration without use is still exposed. Even with no challenger today, registering a mark you may use later keeps it vulnerable for as long as it sits unused.

The practical answer is not to manufacture periodic paperwork. It is to use the mark commercially and keep the documents that commercial use generates — which is a byproduct of running the business, not an extra task.

Defending against a cancellation

When a cancellation is filed against your registration, CNIPA notifies you and you have a fixed window — in practice two months from receipt — to file evidence of use.

If CNIPA cancels the registration, the owner may request review within 15 days of receipt of the decision; a further court challenge is available within the applicable 30-day period after the review decision. Use evidence and legitimate reasons must be evaluated in the proper procedure. A fresh filing is a separate option, not a substitute for review and not a way to preserve the original filing date.

Decide whether to defend, seek review or file a fresh application after checking the actual evidence and intervening rights. Neither a defence nor a new filing guarantees retention of the mark.

What to do if you hold unused registrations

Audit what you own. List your Chinese registrations and mark which ones are genuinely in commercial use. Most portfolios have a few defensive registrations that have never been used.

Keep evidence as you go. A folder per mark, containing dated invoices, packaging photographs and advertising material, costs almost nothing to maintain and decides the outcome if a cancellation is filed.

Do not use repeated filings as a substitute for genuine use. A fresh application creates a separate filing and does not reset or cure the challenged registration. Repeated filings without a genuine business rationale can also attract scrutiny.

Review commercial need. Retain coverage that supports a realistic business plan; consider legitimate non-use reasons, disposal or surrender where appropriate. Do not assume that unused coverage necessarily blocks a later application by the same owner.

Frequently asked questions

What is the "three-year non-use" rule in China?

A Chinese trademark registration can be cancelled if it has not been used in China for three consecutive years. Any party may apply; the burden of proving use falls on the registered owner.

How many years of non-use before a Chinese trademark can be cancelled?

Three consecutive years immediately before the cancellation application, subject to the exact period stated in the official notice. The challenger does not choose an unrelated earlier window.

Who has the burden of proof in a non-use cancellation?

The registrant must substantiate use or a legitimate reason for non-use. The challenger must also meet CNIPA's application requirements, including preliminary investigation evidence under the 2025 guide.

Does foreign use count as use of a Chinese trademark?

Use wholly outside China does not by itself maintain a Chinese registration. Chinese manufacturing and export use must be assessed on the facts and documented; mere transit is not an automatic safe harbour.

Can I lose my Chinese trademark for not using it?

Yes, if the requirements for cancellation are met. The owner can defend with use evidence or legitimate reasons and can seek review of an adverse decision within the applicable deadline.

What if I cannot prove use of my Chinese trademark?

Check legitimate reasons for non-use, the available evidence and review options. A fresh filing may be considered after searching intervening rights, but it has its own filing date and does not restore the original registration.