China’s new trade mark notification process: What international brand owners need to know

China has changed how it serves non-use cancellation notices, creating new obligations for overseas trade mark owners to ensure they receive and respond to critical communications within strict deadlines.

For businesses with international trade mark registrations designating China, this procedural change could be the difference between keeping your mark and losing it.

Understanding how the new process works, and the steps you can take now to protect your trade mark portfolio, will be critical for any business operating in or targeting the Chinese market.

Why the previous service process created risks for trade mark owners

Previously, the China National Intellectual Property Administration (CNIPA) sent non-use cancellation notices to overseas registrants by registered mail. In practice, however, those notices routinely failed to arrive. As a result, some registrants missed deadlines without even knowing a cancellation action had been filed, while others were unaware that the date of receipt triggered the response clock. In some cases, international registrations were cancelled for non-use, not because the owner couldn’t defend them, but because the notice was never received.

How non-use cancellation notices will now be served

On 5 June 2026, CNIPA issued a notice confirming it will no longer serve non-use cancellation documents by ordinary mail. Instead, the World Intellectual Property Organization (WIPO) will forward an electronic copy of those documents to registrants through its electronic system. If the international registration has a recorded Chinese trade mark lawyer on file, documents will continue to go to that lawyer. If there is no such record, CNIPA will serve documents to registrants via WIPO’s electronic forwarding system.

What are the new response deadlines?

Following electronic service, registrants have two months and 15 days from the notification date shown on the cover page of the notice to file a response. Importantly, the response period runs from the moment the WIPO notification lands — not when (or if) a human reads it.

To minimise the risk of missing a deadline, businesses should consider the following:

1. Review your WIPO records now 
   If your international registration does not have a Chinese trade mark lawyer on record, electronic notices from CNIPA will go directly to whatever contact details WIPO has on file. Make sure those details are current and monitored.
2. Consider appointing a Chinese trade mark lawyer 
   Having a local Chinese trade mark lawyer is the best way to ensure timely receipt and professional handling of cancellation notices. This change makes it easier for trade mark lawyers to assist clients in responding to cancellation requests, but only if the lines of communication are properly set up.
3. Don’t assume silence means safety 
   Non-use cancellations in China are a well-used competitive tool. Competitors can and do file them to clear the Trade Marks Register of marks they want. The new system removes one excuse for missing a deadline — but it also removes a defence. Regular reviews of trade mark portfolios and monitoring arrangements can help reduce the risk of unexpected challenges.
   

How Macpherson Kelley can assist

This change reflects CNIPA’s broader strategic direction of digitising documents and streamlining the service process. While the new approach is a welcome development, it also shifts the compliance burden firmly onto trade mark owners and their lawyers to have the right systems in place.

If you would like to discuss the potential impact of these changes on your trade mark portfolio or your broader China trade mark strategy, Macpherson Kelley’s Intellectual Property team can assist.

The information contained in this article is general in nature and cannot be relied on as legal advice nor does it create an engagement. Please contact one of our lawyers listed above for advice about your specific situation.