Squatting · Opposition SOP · Which remedy · 撤三 · Buy-back · Checklist · IP flagship.
Any entity or person may ask CNIPA to cancel a registered mark that has not been used for three consecutive years without a justifiable reason (Trademark Law Art. 49). The three years usually run from registration (or from the date the grant became effective after opposition/review). Since May 2025 guidance, petitioners should file preliminary non-use evidence — platform searches, market checks — not a naked form. Token invoices and last-week websites are weak “use.” Genuine OEM export can count if the proof is real. 撤三 does not punish a squatter who actually uses the mark; that fight is invalidation. File your own China application before the class opens.
At a glance
| Question | Short answer |
|---|---|
| Who may file? | Any person or entity. |
| Clock? | Three consecutive years, usually from registration/effective grant. |
| 2025 change? | Petitioners should show non-use, not only allege it. |
| OEM export = use? | Can be, if dated and on the registered goods. |
| Vs invalidation? | 撤三 = unused. Invalidation = should not have registered. |
Scope and legal framework
Trademark Law Art. 49. Where a registered mark has not been used for three consecutive years without justifiable reason, any entity or individual may apply to cancel it. Becoming the generic name of the goods is a separate cancellation ground.
Implementing Regulations Art. 66 lineage. CNIPA notifies the registrant to prove use or justify non-use within a short statutory window (commonly two months). Failure or invalid evidence leads to cancellation.
CNIPA May 2025 non-use filing guidance. Petitioners are expected to explain and support non-use (searches, investigations). Empty “please cancel” petitions are weaker than they were.
Practical workflow
- Confirm the grant date and whether opposition/review moved the clock.
- Search shops, Tmall/JD, WeChat stores, customs-looking records, and the registrant’s site.
- File 撤三 with that preliminary pack; keep a dated log.
- If they produce real use on the registered goods, stop and switch to invalidation if you have a rights theory.
- Have your own China application ready to proceed.
Common mistakes
- Using 撤三 as a bad-faith sermon.
- Ignoring 2025 petitioner evidence.
- Celebrating cancellation with no filing of your own.
Action checklist
- Grant date ≥ 3 years (or effective-grant rule checked).
- Search memo attached.
- Decide 撤三 vs invalidation vs both.
- Own TM filing in the docket.
- Agent calendars the registrant’s reply window.
Find a China trademark lawyer
The IP listings below are live DJ Classifieds profiles. Directory →
