Trademark Three Years Not Use

Here are the methods for collecting evidence when a trademark is subject to revocation due to non-use for three years:

Evidence Of Commercial Use

Regarding Goods and Their Packaging:

Provide physical goods with trademark logos, such as clothing, electronic products, food, etc. If the goods are too large or inconvenient to provide as physical items, photos or videos of the goods can be provided. The photos and videos should clearly show the position and usage status of the trademark on the goods.

Packaging, containers, labels, instruction manuals, and brochures of the goods should have the trademark logo clearly printed on them and also reflect time information, such as the production date and the printing date of the packaging.

Regarding Transaction Documents:

Sales contracts should clearly list the specific contents of the goods or services sold, the trademark logo, the sales time, and the amount, etc. Meanwhile, they should be signed and sealed by both parties.

Sales invoices should clearly display the trademark name, the contents of the goods or services, and the sales date. The issuance date of the invoice should be within the three years prior to the application for revocation.

Customs declaration documents, inspection and quarantine certificates for the import and export of goods, etc., which are applicable to trademarks involved in import and export business, can prove the use of the trademark in international trade.

Regarding the Provision of Services:

Photos or videos of signs at service places, decorations in stores, and the clothing of staff should clearly show the prominent use of the trademark at service locations.

Documents related to services, such as service agreements, maintenance certificates, remittance receipts, and invoices for providing services, should reflect the use of the trademark and the provision of services.

Evidence Of Advertising And Promotion

Regarding Media Advertising:

Broadcast certificates, advertising videos or audios of TV and radio advertisements should clearly display the trademark logo and the broadcast time.

Original copies or photocopies of newspaper and magazine advertisements should clearly show the advertising content, the trademark logo, and the release date.

Screenshots of the background data of online advertising placements, such as search engine promotions and social media advertisements, should show the advertising placement time, platform, content, and trademark logo, etc.

Regarding Promotional Materials:

Product brochures, posters, leaflets, etc. should have the trademark logo and time information, such as the printing date and the distribution date, on them.

Screenshots of the official websites of enterprises and the pages of e-commerce platform stores should show the prominent use of the trademark on the website or in the store, as well as the update time of the page.

Evidence Of Exhibition And Event Participation

Evidence of participation in various domestic and foreign exhibitions and expositions, such as exhibition participation contracts, booth confirmation letters, exhibition photos, and exhibition promotional materials, should reflect the use of the trademark at the exhibitions and the time of the exhibitions.

Awards certificates and honor plaques obtained at exhibitions can prove the influence and use of the trademark in the industry.

Evidence Of Authorization And Licensing

Trademark use authorization letters should clearly define the authorizer, the authorized party, the authorized trademark, the authorization time, and the scope of authorization, etc.

Evidence of the use of the trademark by the authorized party, such as the sales contracts, invoices, product photos, and promotional materials of the authorized party, should prove that the trademark has been actually used through authorization and licensing.

Trademark Three Years Not Use

Other Evidence

Relevant certification documents issued by government departments or industry associations, such as proof of the use of the trademark in government projects, industry evaluations, and quality certifications.

Invoices or receipts for the design, registration, and maintenance fees of the trademark can indirectly prove the intention to use the trademark and its continuous management.

Witness testimonies related to the use of the trademark, but it is necessary to ensure the credibility of the witnesses and the authenticity of the testimonies.