According to Article 49 of Chinese Trademark Law, if a registered trademark has not been in use for three consecutive years without justified reason, any entity or individual may file an application with the Trademark Office (CTMO) for the cancellation of the mark.

The number of non-use cancellation requests has increased year by year. According to CTMO data, the numbers in 2015, 2016 and 2017 were 29,000, 40,000 and 57,000, respectively. The main reasons are: (1) trademark registration is becoming more difficult as registrations increase rapidly and available marks become scarcer, prompting applicants to use cancellation proceedings to clear obstacles; and (2) preemptive trademark registrations are also increasing, prompting trademark owners to file cancellation requests to defend their rights.

The CTMO suggests that applicants provide facts, evidence and explanatory materials in support of non-use cancellation requests and avoid malicious or indiscriminate filings. It also recommends that trademark registrants retain evidence of use and submit it as required by administrative and judicial authorities.

According to Standards of Trademark Examination and Trial, the evidence materials for proving use of mark shall comply with the following requirements:

1) Identify the trademark sign. 2) Identify the goods or services on which the mark is used. 3) Identify the user, whether the registrant or a party licensed by the registrant. The licence must be supported by documents.

４）indicate the time of use, which shall be within the past 3 years from the filing date of cancellation.

5）Indicate the place of use in the territorial scope of Trademark Law.

And the following are not recognized as trademark use prescribed by the Trademark Law:

1）publication of trademark registration information or declaration of the registrant on its exclusive right of the mark;

2）use not in public business fields;

3）use only as gifts;

4）assignment or license only, not actual use;

5）Symbolic use only for purpose of keeping the registration.

http://sbj.saic.gov.cn/gzdt/201804/t20180410_273679.html