In China, evidence of the use of a trademark is important in trademark registration, enforcement, and defence against trademark disputes. Providing evidence of use is essential to demonstrate that the trademark has been actively and genuinely used in commerce. Here are some common types of evidence of trademark use in China:
Proof of Use Certificate: This is the most common form of evidence and typically includes documents such as invoices, sales records, and other business records that demonstrate the sale of products or services bearing the trademark.
Product Packaging and Labels: Providing product packaging and labels that prominently display the trademark is important evidence of use.
Advertising and Marketing Materials: Advertisements, brochures, catalogues, and promotional materials that feature the trademark can be used as evidence.
Sales and Distribution Agreements: Copies of agreements with distributors, wholesalers, or retailers that specify the use of the trademark can serve as evidence.
Customs Declarations: Customs declarations showing the import or export of goods with the trademark can also be used as evidence.
Website Screenshots: If the trademark is used online, screenshots of the website displaying the trademark can be submitted.
Witness Statements: Statements from employees, customers, or business partners who can attest to the use of the trademark in commerce can be valuable evidence.
Market Surveys: Market surveys demonstrating consumer recognition and association of the trademark with specific goods or services can support the claim of trademark use.
Trade Fair Participation: Documentation of participation in trade fairs or exhibitions where products or services with the trademark were showcased can be evidence of use.
Financial Records: Financial records showing revenue generated from the sale of goods or services with the trademark can be useful.
It’s important to note that the evidence provided should cover a sufficient period and demonstrate genuine use of the trademark in the course of trade. In China, trademark use is critical for maintaining the registration and defending against claims of non-use or trademark infringement.
Written by Yann Tang – Chinese Lawyer
Yann is a Chinese Lawyer and Patent Agent specializing in intellectual property law, arbitration and litigation, and company compliances. She has Lawdit as an incoming Trainee Solicitor with a heavy emphasis on filing trademarks in China including Hong Kong.
She helps clients in growing their business without legal hassles and commercializing their intellectual property. She has obtained Law master degree in Shanghai, China and LLM degree in London, UK.
