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Non-use Cancellation (NUC)

Prior registrations blocking your application? File a non-use cancellation request to legally revoke vulnerable, inactive trademarks and clear your path to successful registration.
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Remedy Strategy

Remove Application Obstacles

If a registered trademark has not been used without any justifiable reason for 3 consecutive years (5 years in some areas), anyone can request a cancellation.

  • Overcome prior conflicts
  • Tackle malicious cybersquatting
  • Cost-effective alternative

Jurisdictional Statutory Rules for Non-Use

Jurisdiction
Statutory Non-Use Period
Burden of Proof & Requirements
Mainland China
3 Consecutive Years
Applicant does not need to investigate; proof of use lies entirely with the prior owner.
United States
3 Consecutive Years
Non-use for 3 consecutive years forms prima facie evidence of mark abandonment.
India
5 Years
Petitions for revocation on non-use grounds are valid after 5 years from registration.
Filing an NUC action is highly efficient for clearing blocking citations and is less costly compared to buying assignments, asset transfers, or navigating coexistence.

Mainland China Strategic Action Options

Filing Strategy Framework
Standard Minimum Starting Fee (HKD)
3-Year Non-Use Cancellation Application Action
$5,800起
China Registration Parallel Strategy (NUC + New Class Application)
Contact for Quote
Key Operational Takeaways

Why Consider a Non-Use Cancellation Action?

Clear Citations

Prior blocking marks often stop your business applications. NUC efficiently removes these identical or similar obstacles.

No Initial Evidence Required

In regions like Mainland China, you file directly; the registered owner holds the legal burden to prove active commercial use.

Automatic Revocation

If the target mark owner fails to respond or submit clear usage proofs within the statutory time limit, the mark is automatically revoked.

Defend Your Rights

Has your trademark application faced a refusal?

Provide our trademark consultants with your mark images and official citations so we can construct a parallel clearance and application approach.

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