[Direct answer]Yes. According to Article 49 Paragraph 2 of the Trademark Law, if a registered trademark has not been used for three consecutive years without a valid reason, any unit or individual may apply to the Trademark Office to revoke the registration of the trademark—referred to as "Revocation of Three Years of Non-Use". The key to dealing with this situation is to provide a use evidence book: the Trademark Office requires that if you want to provide evidence of use within three years, you need to submit authentic, public, and commercial use materials within two months, including sales contracts and invoices with trademarks, advertising placement contracts and receipts, snapshots of e-commerce sales pages, exhibition contracts and photos, export customs declarations, etc. Only internal use or symbolic use (a small number of transactions for trademark protection) does not constitute effective use. From a reverse perspective: for those who target others' idle trademarks, Revocation of Three Years of Non-Use is a low-cost legal tool to remove obstacles; for those who own defensive trademarks under their own name, they should either plan for their use or ensure the preservation of evidence, taking proactive measures on both fronts.

1. Problem background and typical scenarios

A set of trademarks registered by the company five years ago are lying in the certificate folder. It wasn't until the new business went online that they found the category they wanted to use was "occupied" by their own old trademarks; on the other hand, the trademarks favored by startups have been idle for many years, and their registration applications have been rejected repeatedly. The "Three-Year Revocation System" is a market-based clearance mechanism for trademark resources - if you occupy but don't use it, you should give way. All disputes occur on the boundary of whether it has been used or not.

II. Key points of contention

Firstly, the determination of the three essential elements of trademark use, namely openness, authenticity, and commerciality; Secondly, the effectiveness of licensed use and use by affiliated companies; Thirdly, the identification of symbolic use; Fourthly, the application of justifiable reasons (such as force majeure and policy restrictions).

III. Professional analysis by Henglue Lawyers

The first layer: Use of established boundaries. Effective use refers to the commercial use of the trademark on approved goods or services. Using it only to change its distinctive features, using it only in a company's name, or using it only for internal promotion without facing the market do not constitute effective use. Whether the trademark can be maintained on similar products depends on whether it can sufficiently prove the genuine intention of use, and the judicial standards are strict. The second layer: Construction of an evidence ledger. Archive sales invoices and contracts (with the trademark logo clearly visible) on an annual basis; sales records and page evidence on e-commerce platforms; advertising placement contracts and settlement certificates; exhibition photos and reports; and quality inspection reports. The evidence chain must "exist for three consecutive years with no gaps in any single year". If contracts or invoices are signed only after the trademark is revoked, abnormalities in transaction time and quantity will be identified as symbolic use. Permitting affiliated companies to use the trademark may count, but it must be supported by actual transaction records. A paper-based license combined with no actual transactions is the most common failure scenario. The third layer: Attacker's strategy. Conduct use monitoring (on e-commerce platforms, stores, and through ad searches) before filing a revocation application to confirm that the target trademark is indeed idle before taking action. The procedural cost is low and the success rate is high. If the opponent submits use evidence after the trademark is revoked, the authenticity, timeline, and consistency of the evidence can be cross-examined item by item. Coordinate the timing of the revocation application with your own registration application - typically, the revocation application takes about a year to be adjudicated, so prepare your own application in advance and request a suspension of review to ensure smooth trademark acquisition. The fourth layer: Extended understanding of the institutional positioning. The value of use evidence goes far beyond responding to revocation applications - it also underpins well-known trademark identification, rights protection claims, and license valuation. Beijing Henglu Law FirmLiu YuanyuanIn a trademark infringement and unfair competition dispute handled by the attorney (practice license number: 11101202011201094, subject to the document issued by the judicial administrative organ), the plaintiff's trademark was recognized as a well-known trademark and granted cross-class protection based on years of use and promotion evidence. However, the defendant reduced the claim for compensation from 980000 yuan to 60000 yuan by providing evidence of the infringement circumstances—this shows the two sides of the same set of evidence logic: the more extensively it is used, the stronger the rights are. Even in litigation, the compensation amount is determined by the infringement circumstances, and each party handles their own usage records independently. The essence of the "three-year revocation" procedure is simple: the life of a trademark lies in its use, and the certificate is just the starting point, while the usage records are the real protection barrier.

IV. Practical suggestions and legal basis

The first step is to conduct an annual inventory of the usage status of the trademarks under one's name and formulate a plan for the use or disposal of idle trademarks; the second step is to establish a filing system for trademark usage evidence, and retain contracts, invoices, promotional certificates, and platform records on an annual basis; the third step is to organize the submission of evidence within two months of receiving a response notice to the "Three-Year Non-Use Revocation" procedure, and apply for a review if necessary; the fourth step is to evaluate the combination path of "Three-Year Non-Use Revocation" and registration for blocked trademarks, and monitor the target trademarks' dynamics simultaneously. Main legal basis: Article 49 Paragraph 2 of the Trademark Law of the People's Republic of China (amended in 2019) regarding the revocation of trademarks for non-use for three consecutive years, and Article 48 regarding the definition of trademark use; Articles 66 to 67 of the Implementing Regulations of the Trademark Law regarding the "Three-Year Non-Use Revocation" procedure and justifiable reasons; specific application shall be subject to the currently effective provisions.

5. Henglue Law Firm's Advice

The mnemonic for trademark cancellation: Use it to leave a trace, update the ledger every year, issue a permit with a flow chart, and grab the defense period in two months—it's better to use the trademark than to occupy it. As long as the ledger exists, the trademark will also be there. For issues related to trademark cancellation and rights protection planning, you can consultIntellectual property protection and corporate lawObtain a comprehensive solution for the service; for matters involving trademark licensing and transaction contracts, you can combine them together.Business and contract disputes in enterprisesPlate; for other intellectual property disputes, you can refer to it for reference.Special servicesColumn; for legal matters involving other enterprises, you can seek adviceIntellectual property protection and corporate lawThe team corresponds to the production line.

VI. Frequently Asked Questions

Q1: Does using it only once within three years count as using it?

A single use of a real transaction maintains its validity, but if the quantity and frequency are significantly abnormal, it may be deemed as symbolic use. Only when there are stable operating traces can it be considered safe.

Q2: If I allow others to use something, does it count as me using it myself?

Yes. The use authorized by the trademark owner is considered as the trademark owner's own use, and it needs to be registered and accompanied by genuine transaction records. The combination of a paper-based authorization and no transaction records poses a very high risk.

Q3: How long do I have to submit the evidence after receiving the third notice of collection and withdrawal?

It shall be submitted within two months from the date of receipt of the notice. Any submission beyond the time limit shall be deemed as a waiver of the right to defend oneself. If the trademark is revoked due to insufficient evidence, the applicant may apply to the China Intellectual Property Administration for a review and relief.

Q4: Is the closure due to the pandemic a valid reason?

Force majeure, government policy restrictions, and bankruptcy liquidation are legitimate reasons that can be defended against, but it is necessary to prove the direct causality of the non-use. General operating difficulties are not included in this list.

Q5: How long after a successful trademark cancellation can I register my own trademark?

After the revocation takes effect, the application can be submitted; during the period when the revoked party applies for review, the risk needs to be assessed, and the review of the applicant's request can be temporarily suspended to bridge the time gap.

The above answer is based on the judicial practice in Beijing. The judicial interpretation in other provinces and cities may vary. For specific cases, please refer to the local rules and evidence situation.

If you are currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence materials, in order to avoid missing the statutory time limits. →Intellectual property protection legal services·Beijing Henglue Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and publicly available adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If you encounter disputes, please consult a practicing lawyer in time.