When CNIPA sends a notice asking for evidence of trademark use, start by recording the response deadline and the goods or services under challenge. Then build your response around records that show how the mark was actually used on those goods or services. A large folder of invoices and screenshots is hard to assess if the documents cannot be linked to each other.
For an overview of the procedure and support for either side, see our China non-use cancellation service.
1. Record the deadline and the evidence period
Keep the complete notice, all attachments and the record of service. Note the trademark registration number, the challenged goods or services, the evidence period and the submission instructions. Under Article 66 of the Implementing Regulations, the owner generally has two months from receipt of the notice to submit evidence or explain a justified reason for non-use. Check the applicable service date and the instructions in the notice, especially for electronic service.
The response deadline and the evidence period are separate. For a third-party non-use request, CNIPA generally looks at use during the three years before the cancellation request was filed. A sale after that filing date does not establish use during the earlier period. Implementing Regulations, Article 66 · CNIPA guidance on use dates and territory
2. Connect the mark to a dated transaction
For each challenged product or service you want to retain, look for records that together show the mark, what was sold or provided, who used the mark, when the use occurred and its connection to commercial activity in mainland China. Start with records created in the ordinary course of business.
Consider a fictional ceramics company defending its registration for drinking mugs. Its invoice names the model MUG-12 but does not show the trademark. Its packaging shows the trademark but has no date. The company can link the two using the order number, model code and dispatch record.
| Exhibit | Document | What it helps establish |
|---|---|---|
| 1 | Dated marketplace order showing MUG-12 and the seller | The product, seller and transaction date |
| 2 | Invoice or payment record linked to the order | The commercial transaction |
| 3 | Delivery record linked to the same order | Dispatch to the customer in mainland China |
| 4 | Product listing or packaging showing the trademark and MUG-12 | The link between the trademark and the product sold |
| 5 | Licence or authorisation, if a distributor used the mark | The relationship between the seller and the trademark owner |
This is an example of how documents can corroborate each other. It is not a requirement to submit all five types of document for every case. If the seller name differs from the registered owner's name, identify who used the mark and show the basis for that use. If you rely on an advertisement or exhibition, include dated publication or event records and show which goods or services were actually promoted. Sales records are one way to prove use, and CNIPA also recognises other forms of commercial use. CNIPA guidance on online orders, authorised use and advertising
3. Give the examiner a short evidence index
Arrange the exhibits by challenged goods or services. For each exhibit, identify the date, document, page range and fact it supports. In the written response, state which registration entries each set of exhibits addresses and point to the fields that link the records, such as an order number or model code. Where you rely on use for similar registered goods, explain the relationship. How partial cancellation and similar goods work
Preserve the original files, including order exports and records showing publication dates. Use legible copies and provide Chinese translations for foreign-language materials as required. If there was a justified reason for non-use, explain the dates and circumstances and attach supporting records. Preparing foreign evidence for China trademark disputes · Legitimate reasons for non-use
4. Submit through the channel specified in the notice
If the notice includes an electronic response binding code and electronic submission is available, use the CNIPA online system as instructed. CNIPA has explained that choosing the electronic route also changes how later documents in that proceeding are served and how further evidence must be submitted. Follow the notice for any paper submission. Submit the completed response by the deadline and keep the submission confirmation and a copy of the package. CNIPA guidance on submitting use evidence
If records are still missing near the deadline, organise and submit the available evidence on time. CNIPA has said there is no statutory three-month supplement period for this response. Its guidance asks owners who need to supplement to say so in the initial submission and provide the material promptly. Whether late evidence is considered depends on the stage of the proceeding. CNIPA guidance on supplemental evidence