Evidence of trademark use

Evidence of Trademark Use

In recent years, the number of trademark registration applications has been very large, resulting in an increase in the conflict rate of trademark registration applications. Under this circumstance, if trademark applicants want to obtain exclusive rights to trademarks, according to Article 49 of the Trademark Law, any unit or individual may file an "application for revocation of a registered trademark that has not been used continuously for three years" for a registered trademark that has been registered for three years. Through the review and judgment of the Trademark Office to the Beijing High Court, if the trademark registration applicant's evidence of trademark use is ultimately not supported, the registered trademark will be revoked. At this time, the trademark applicant has the opportunity to obtain the exclusive right to the trademark after taking a series of measures. Key Issues In order to protect the exclusive right to a registered trademark, trademark registrants must pay attention to preserving evidence of trademark use and other related evidence in their daily work. Based on our usual work experience, the following evidence of trademark use can form an evidence chain, and the Trademark Office and the court should support it (including online and offline evidence). We urge all trademark registrants to start paying attention to preserving the following evidence of registered trademarks now, in preparation for handling various trademark cases that may occur in the future.

(1) Contracts, invoices, delivery notes, customs declarations (if exported), etc., for goods/services using the registered trademark;

(2) Relevant information on the sales area, sales outlets (preferably indicating the opening time), sales channels, and methods of goods/services using the registered trademark;

(3) Materials related to advertising, film, television, newspapers, periodicals, network, outdoor and other media advertising, media comments and other publicity activities involving the registered trademark;

(4) Relevant materials of exhibitions and expositions in which goods/services using the registered trademark participated;

(5) Relevant materials on the earliest use time and continuous use of the registered trademark;

(6) Trademark registration certificates in China and other countries and regions;

(7) Relevant legal documents that provide protection for the trademark, and cases of infringement or counterfeiting of the registered trademark;

(8) Cases where goods or services using the registered trademark have obtained national invention patents, and other cases of independent innovation by the registrant;

(9) Participating units in the formulation of national standards and industry standards using the technology of goods or services using the registered trademark;

(10) Award-winning situations of the trademark;

(11) Other materials that can prove the fame of the trademark.

It is our responsibility to provide this friendly reminder, which will be of great help and support in handling future trademark cases, and it is a precautionary measure.

Zhongbei Intellectual Property was rated as a "AAA" level intellectual property service agency

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