The time limit to respond to the non-use cancellation action

2 months，

beginning on the date the representative recording the trademark holder receives the notification.

Period

Generally, it take a period of 9-12 months for the cancellation.

Evidence is of use

For instance, the following are considered suitable evidence is of use

1. The specific performance of the trademark used in the specified goods：
　1. 1 take a direct attachment, engraving, branding or weaving and other ways to attach the trademark in the goods, commodity packaging, containers, labels, etc., or use in additional signs, product instructions, brochures, price lists, etc..　　1.2 trademark use in connection with the sale of goods on the transaction documents, including the use of goods sales contracts, invoices, bills, receipts, commodity import and export inspection and quarantine certificates, customs declaration documents, etc.
1.3 the use of trademarks in radio, television and other media, or published in public publications, as well as billboards, mail advertising or other advertising for the trademark or the use of trademark advertising of goods.
1.4 the use of trademarks in exhibitions and fairs, including the use of the trademark provided at exhibitions and fairs in print and other materials.
1.5 other forms of trademark use in accordance with the provisions of the law.

2. The specific forms of trademark use on designated services
2.1 the trademark is used directly on the service premises, including the use on the introduction manual of the service, the signboard of the service premises, the decoration of the store, the dress of the staff, the posters, the menu, the price list, the lottery ticket, the office stationery, the letterhead and other supplies related to the designated service
2.2 the trademark is used on documents linked to the service, such as invoices, remittance documents, agreements for the provision of services, and certificates of repair and maintenance
2.3 trademarks used on radio, television and other media, or published in publicly available publications, as well as advertising for the trademark or services using the trademark by billboard, mail advertising or other advertising methods.
2.4 the use of trademarks in exhibitions and fairs, including printed materials and other information provided at exhibitions and fairs using the trademark.
2.5 other forms of trademark use in accordance with the provisions of the law.

Justifiable reasons for non-use for three consecutive years

The legislation offers some causes for exemption: the trademark will not be cancelled if the lack of use is due to force majeure, wars, limitations imposed by the Government but also in the event of bankruptcy or liquidation of the company.

Matters needing attention

It is important to emphasize that the use must refer exclusively to the Chinese territory; proofs of use in languages other than Chinese that refer to foreign territories will not be accepted. The evidence should also be clearly dated, to prove that they refer to the relevant period (3 years dating back from the date in which the cancellation action for non-use was filed).
It is therefore clear that the basic principle is that actual use in China occurs when the brand has actually come into contact with the Chinese consumers.

Chinese representative:

Foreigners and foreign corporations must appoint a local representative to respond to a non-use cancellation action.

Requirements

1. Scanned copy of notice and envelope

2. POA
3. Scanned copy of Business License or ID card/Passport
4. Grounds of respond
5. Evidence list

Our services & Fee

1、What's our services included:
● Report:
Analyze and advise on the cancellation cases and provide a simple report for FREE if you are interesting in proceeding.
●  Prepare and  respond to an cancellation:
1) Study on the articles of laws and regulations in the cases ;
2) Research the prior judgments of relevant laws and regulations;
3) Provide suggestions based on prior judgments similar to the this cases;
4) Search and sort out other detailed relevant information of the case, such as:
      ① the information of the both parties.
      ② more detailed information of the trademark
      etc.
5) Our company's professional agent personally wrote the arguments for this case
6) Inquiry with local trademark offices, as necessary
7) Appoint our-selves as attorneys of record against this matter.
2、We provide a simple report for FREE

Our total fees(including official fee & professional fee) for responding to an non-use cancellation action is USD 450 .

Hire our local trademark attorneys to respond to an non-use cancellation action. Take advantage of our easy, fast & efficient process!
Contact mail: ip@chiram.com