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 Chinese law, a registered mark that has not been used for three consecutive years can be cancelled on application by anyone. Not by the trademark office on its own initiative — by a competitor, a squatter, or a party who wants your mark. The procedure is called non-use cancellation (撤销连续三年不使用注册商标, commonly "撤三"), and it is used routinely and strategically.

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

The rule, precisely

The three-year period is counted backwards from the date the cancellation application is filed. The applicant chooses that date. A cancellation filed in October 2026 asks whether the mark was used between October 2023 and October 2025 — so the owner can only defend with evidence from that specific window.

Two consequences follow, and both matter:

Recent use can be irrelevant. A mark used heavily in 2026 but not in 2023 to 2025 is exposed if the applicant picks the earlier window.
Old use can be irrelevant. The same is true in reverse. What counts is use inside the window the applicant selected.

The burden falls on the owner, not on the challenger. The challenger does not have to prove the mark was unused. The owner must prove it was used. If the evidence is weak or missing, the registration is cancelled.

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. Bearing the mark. The document must actually display the registered mark, or a mark that would be recognised as the same one. An invoice showing a product code, a company name or a different brand will not do.

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.

Foreign use. Use in Germany, the United States or Brazil does not maintain a Chinese registration. The mark has to be used in China, which for many exporters means use on goods manufactured in or shipped through China, documented accordingly.

Only one document. A single invoice covering a small quantity is technically use, but examiners and the board look for a body of evidence showing genuine commercial activity rather than a single transaction arranged to satisfy the requirement.

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 window is chosen by the challenger, not by you. Keeping one invoice every three years may leave gaps a challenger can target.

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 you cannot prove use in the selected window, the registration will be cancelled, and there is no appeal that recovers it on use grounds. What you can do instead is refile the same mark as a fresh application. That works, but you lose your original filing date: any confusingly similar mark filed since your registration three years ago will now have priority over you.

That is why a cancellation against an unused registration is often won by the challenger even when the owner is willing to fight. The strategic response is normally to refile before the cancellation is decided, so the position is preserved.

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.

Refile before you are challenged. For a mark you intend to use later, a fresh application filed now resets the three-year clock. It is a cheap insurance policy against a cancellation you would otherwise lose.

Consider whether you need the registration at all. An unused registration in a crowded class is a liability as much as an asset, and it can be cited against your own later applications.

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, counted backwards from the date the cancellation application is filed. The applicant selects that date, so the relevant window is not fixed by the registration date.

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

The registration owner. The challenger only has to file the application; the owner must then prove genuine use in China within the selected three-year window, or the registration is cancelled.

Does foreign use count as use of a Chinese trademark?

No. To maintain a Chinese registration, the use has to be in China. For exporters, this typically means documenting use on goods manufactured or shipped in China.

Can I lose my Chinese trademark for not using it?

Yes — that is precisely what non-use cancellation does. The registration is revoked, and unlike an examination refusal there is no appeal that saves it on the basis of use.

What if I cannot prove use of my Chinese trademark?

The registration will be cancelled. The usual response is to refile the same mark as a new application to preserve a position, though the original filing date is lost.