-- Focus of the case 
The Three-Year Non-Use cancellation shall meet the requirements for at least three years of trademark registration. If the trademark has been registered for less than three years, it cannot be applied for cancellation for this reason.

-- Introduction of the Case
Applicant: Qingdao Zhongren Animal Medicine Co., Ltd.
Respondent: Lerentang Investment Group Co., Ltd.
Designated services in Class 44 are listed below: "medical clinics; hospitals; public health baths; beauty salons; animal breeding; veterinary aids; gardening; pest control (for agricultural, horticultural and forestry purposes); glasses shops".
 
The main reason and legal basis are listed below: Lerentang Investment Group Co., Ltd. (“Lerentang Company”) filed an appeal on cancellation based on the grounds that it has not been used for three years., the trademark of Qingdao Zhongren Animal Medicine Co., Ltd. (“Zhongren company”) has been canceled by the Trademark Office due to the the submission of the invalid use evidence. Zhongren Company who was dissatisfied with the decision, decided to apply for an appeal to the Trademark Review and Adjudication Board, with the submission of evidences such as "the signboard of the animal hospital, medical records with the trademark in question" and other evidence, and requested to maintain the registration of the trademark in question.
 
-- Judgment Result
Although the medical record bag of the pet hospital, the interior view of the pet clinic, photos in front of the hospital, the prescription sheet of the pet clinic, and the prescription note submitted by the applicant are marked with the trademark "Renle (Chinese characters)", which show that the applicant had advertised and used the trademark through their pet hospitals from December 2015 to March 2016. However, the foregoing evidences have not been used within the prescribed time, and also that such evidence can not be regarded as used on the trademark in respect of the services of "medical clinic; hospital; public health bath; beauty salon" in the sub-group of 4401 and 4402. Therefore, the trademark has been revoked on the service of “medical clinic; hospital; public health bath; beauty salon”.
 
--Lawyer's Comments
Some of the services or goods that are allowed to be registered on the trademark, belong to franchised industries, can only be engaged in the production and operation of this industry after obtaining permission from the relevant departments. Even if the trademark has been successfully registered in respect of the industry without permission, the trademark still has the risk of being canceled. In this case, part of the services involved the trademark in question blocked the registration of Lerentang Company's trademark and constituted an obstacle to prior rights. The services of "medical clinics, hospitals" belong to franchise services. According to the investigation, the owner of the trademark in question did not report to the relevant authorities for the record. We thus believe that the owner of the trademark has not used the trademark in question on the designated services of "hospitals, medical clinics, " etc., this meets the requirements of cancellation according to the Trademark Law, the trademark should be revoked accordingly.