A trademark in China may be cancelled without awareness of the trademark owner?

First, what is cancellation?  A cancellation or a revoke means to invalidate someone’s trademark for lack of use for consecutive 3 years in China.  Anyone may initiate such action against such trademark, and the trademark owner has the burden to prove that he is in good use of the trademark. 

A client from Nigeria communicated with me about cancellation of his trademark in China.  He was using the trademark to license an OEM manufacturer to produce toothbrushes in China.  The thing is, he was totally unaware that his mark is under cancellation in China.

Why? It is the fault of CTMO? At the time of application, CTMO requries a foreigner to work with a local agent.  There would be a notice to answer a cancellation request sending to the local agent, but if the agent fails to notice the applicant or the applicant cannot contact the applicant, CTMO will public in its gazette a notice, which will generally be ignored by the applicant.  Since the owner has the burden to prove his use of the mark, failure to anwer will be hold as a failure to prove - that’s why cancellation works frequetly.

Here are my suggestions:

1. Keep evidence of use in China;

2. Register your trademark every two-three years after granting in China to avoid cancellation;

3. Ask your agent to watch your trademark carefully and make sure you can be contacted;

4. If your mark cannot be registered in China due to any barrier, consider cancellation.