How to defend OEM trademark use against non-use cancellation in China

A conclusion was made in recent years. According to the Guidelines for the Trial of Trademark Right Granting and Verification Cases issued by the Beijing High People’s Court, effective from April 24, 2019; and the Trademark Examination Guidelines released by the China National Intellectual Property Administration (CNIPA), effective from January 1, 2022, the CNIPA and the court have confirmed their consensus on OEM use as valid against non-use cancellation.

However, many OEM trademarks were still cancelled, due to failure to meet the CNIPA’s requirements. In this article, I d analyse current practice through two precedents, and provide advice on how to properly defend OEM trademark use.