As a key mechanism for optimizing the allocation of trademark resources and clearing idle trademarks, China’s "Three-Year Non-Use Cancellation" system has played a significant role amid the country’s trademark applications exceeding one million annually for ten consecutive years. However, since 2025, the China National Intellectual Property Administration (CNIPA) has suddenly revised the review rules for such cancellations. What lies behind this tightening of acceptance standards?

As the system has been widely applied in practice, its functional positioning and implementation have also faced continuous challenges and risks of distortion. Therefore, the CNIPA aims to further improve the system through this reform, preventing loopholes from undermining its effectiveness. The reasons and implications of the reform include the following:

Curbing Malicious Applications: Under the old rules, the burden of proof for cancellation applicants was relatively low, making the system susceptible to malicious use. The new rules require applicants to provide more detailed evidence (such as the registrant’s operational status and multi-platform search records) and sign a commitment to authenticity. This increases the applicant’s burden of proof and raises the review standards, making it more difficult to file malicious claims. It also curbs the abuse of the process by "professional cancellation applicants" seeking profit, thereby maintaining fair market competition.

Protecting Rights Holders’ Interests:  The reform shifts the focus of the "Three-Year Non-Use Cancellation" system from a "punitive" approach to encouraging the effective use of trademarks, rather than simply revoking rights. The new rules reduce harassment of trademark registrants from malicious cancellation claims and provide more reasonable and stable protection for enterprises that use their trademarks in good faith.

Improving Review Efficiency:  By frontloading the applicant’s burden of proof and reducing malicious applications, the reform optimizes the review process and saves administrative resources. This enables the CNIPA to handle cases more efficiently and improves overall review productivity.

As a legal tool designed to optimize the allocation of trademark resources and promote orderly market competition, any misuse or abuse of the "Three-Year Non-Use Cancellation" system would not only weaken the legitimate rights of trademark owners and damage the system’s credibility but also distort market competition. It is hoped that this reform will effectively curb the misuse of the system, allowing it to better serve its original purpose: optimizing trademark resource allocation and maintaining a fair competitive market environment.