Consider a fictional clothing label with a Class 25 trademark registration for shirts, T-shirts and shoes. It sells shirts in China but never launches its footwear line. If someone files a three-year non-use cancellation request, can the owner lose the whole class?
If you are defending the registration, use our non-use cancellation evidence checklist to connect the evidence to each challenged item.
An unused item can be cancelled on its own. Evidence for one registered product may also help preserve similar registered products, but it does not automatically preserve every item in the class. Start with the goods named in the cancellation notice, then match your evidence to the goods on the certificate.
Does a trademark expire automatically after three years of non-use?
No. The ten-year registration term and the three-year non-use rule serve different purposes. Under Article 49 of the Trademark Law in force when this article was published, any entity or individual can request cancellation of a registered trademark that has gone unused for three consecutive years without a justified reason. CNIPA notifies the owner and gives it an opportunity to show use during the relevant period or explain the non-use. For a third-party request, the period normally looks back three years from the date the request was filed. Trademark Law, Articles 39 and 49 · Implementing Regulations, Article 66
The revised Trademark Law takes effect on 1 January 2027. Article 57 also allows the trademark authority to cancel a registration on its own initiative in the circumstances described in that article, with procedural details to be set by the authority. Three years of non-use still does not by itself remove a mark from the register. Revised Trademark Law, Articles 57 and 87
What happens if the request targets only one product?
Suppose the request targets only shoes. If CNIPA finds no qualifying use or justified reason for non-use, the shoes entry can be cancelled. The shirt and T-shirt entries are outside the scope of that request. Article 68 of the Implementing Regulations provides for partial cancellation where the grounds concern only some of the designated goods. Implementing Regulations, Article 68
Can evidence for one product save the entire class?
If the request targets every registered good, CNIPA considers what the evidence supports. In our example, qualifying use on registered shirts can preserve that entry and may also support retaining other registered goods that CNIPA considers similar. It would not, by itself, preserve shoes. Both products are in Class 25, but they fall in different Chinese similarity groups and serve different purposes.
If all the challenged goods are similar to a registered product on which use is proved, evidence for that one product may be enough. A main class can contain several similarity groups, and a group can contain separate parts with different similarity treatment. Check the actual goods and applicable group notes before deciding how many products your evidence needs to cover. CNIPA guidance on defending all challenged goods · CNIPA guidance on use and similar registered goods · CNIPA guidance on group subdivisions
Can sales of a product outside the registered list count?
The first question is whether the actual product falls within a description on the certificate. If the certificate says shirts and the invoice says cotton shirts, the different wording is not a problem by itself. A cotton shirt is a type of shirt. The records still need to show which mark was used and on which product.
If the product truly falls outside the registered scope, selling it does not establish use on a listed product merely because the two products are similar. Similarity can help extend the effect of proven use from a registered good to other similar registered goods. It does not replace the need to show use within the registered scope in the first place. CNIPA guidance on the scope of use evidence
What records should trademark owners keep?
Keep records that together show the mark, the product, who used the mark, when it was used and its connection to commercial activity in mainland China. A dated invoice or online order can establish the transaction. Product listings, packaging photos, model numbers, contracts and delivery records can connect that transaction to the mark and the registered goods. Public advertising and exhibition materials can also be relevant when they show actual commercial use. A screenshot on its own may leave the date, territory or product unclear. CNIPA guidance on e-commerce orders and use evidence · More examples of China trademark use evidence
When preparing a filing, include current products and planned products you have a concrete reason to protect. Keep the goods list alongside your product and sales records so you can see which entries have evidence. If CNIPA sends a cancellation notice, start with the named goods and the relevant dates. Then match the evidence to each product or set of similar goods you want to keep.