CNIPA’s Latest Regulatory Updates on Three-Year Non-Use Cancellation Applications: The Equilibrium between Procedural Rigour and Rationality by Robert Chan and Ura Wang

CNIPA’s Latest Regulatory Updates on Three-Year Non-Use Cancellation Applications: The Equilibrium between Procedural Rigour and Rationality by Robert Chan and Ura Wang. In The Global IP Matrix Magazine Issue 23, Robert Chan and Ura Wang of Sun & Chan Intellectual Property Co., Ltd. explore CNIPA’s ongoing efforts to reform non-use cancellation applications in China. Following two major regulatory updates in just six months, the authors shed light on how the China National Intellectual Property Administration (CNIPA) is striving to balance procedural rigour with practicality and good faith.

Streamlining the Cancellation Process

The latest CNIPA symposium introduced significant updates, including the removal of previously required documents such as Letters of Commitment and onsite investigation reports. These reforms mark a clear shift toward simplification and applicant-friendly procedures, reducing the documentation burden for legitimate applicants and their agents.

Addressing Malicious Filings

Chan and Wang also highlight CNIPA’s nuanced approach to identifying malicious applications. Though currently in an exploratory phase, repeat and excessive filings, or bad-faith actions by agents, are flagged as potential abuses. CNIPA's updated guidance reinforces that cancellation requests should be rooted in fact and fairness, aligning enforcement with the principle of good faith. Clarifying the Role of Natural Persons One of the more notable changes involves third-party filings. While earlier rules questioned filings from natural persons or unrelated parties, the new regulations now accept such applications without mandatory disclosure of related cases, although applicants are still expected to act responsibly and provide clarifications if required.

Smarter Evidence Strategies From graphic marks to long goods/service lists, CNIPA is encouraging smarter, representative evidence submissions, moving away from blanket requirements. Applicants are now advised to use AI tools, e-commerce listings, and consumer review platforms to support claims of non-use, helping streamline reviews and improve enforcement focus.

Conclusion

CNIPA’s latest reforms may mark a pivotal shift in China’s trademark enforcement. By prioritising good faith and procedural clarity, these updates signal the country’s commitment to a more efficient, fair, and modern IP regulatory framework.

Read the full article in The Global IP Matrix Issue 23 for a detailed look into CNIPA’s changing regulatory landscape and how it affects trademark holders and practitioners alike.

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