In non-use cancellation cases where the registrant of the mark is a foreign entity, to whom will the China Trademark Office send “the Notice of Providing Evidence of Use”?
If the registration is obtained through direct application in China, the China Trademark Office will send the "Notice of Providing Evidence of Use" (referred to as the "notice") to the recipient of documents recorded in the China Trademark Office. There are generally two types of recipients of documents, the entrusted agent or the recipient designated by the registrant such as the branch, office, or relatives of the registrant in China. If there is no recipient in the file, the Notice should be sent to the agent that handled the trademark most recently. If the registration is obtained through Madrid system, the China Trademark Office will send the notice to the agent recorded in the WIPO. If there is no recorded agent, the notice shall be sent to the mailing address of the registrant. If there is no mailing address, the notice shall be sent to the registered address of the registrant. In order to increase the likelihood of successful delivery, the China Trademark Office may also copy the notice to the following parties: 1) For a trademark that is being processed for assignment, it may be copied to the agent of the assignee and the assignor; 2) For a trademark that is in the process of freezing or pledging, it may be copied to the freezing party or the pledging party; 3) For a trademark that has completed transfer, change, renewal, license filing or other procedures, it may be copied to the most recent agent; 4) The trademark agency that previously handled other trademark matters for the registrant.
