What are the main evidences of trademark use that can be provided- Trademark of snakehead fish
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What are the main evidences of trademark use that can be provided?

Publishing website: Release date: February 15, 2023 16:16:26

What are the evidences of trademark use that can be provided in the defense of trademark revocation

According to the provisions of the Guidelines for the Examination and Adjudication of Trademarks: "The use of a trademark refers to the commercial use of a trademark, including the use of a trademark on goods, commodity packaging or containers, and commodity trading documents, or the use of a trademark in advertising, exhibitions, and other commercial activities, to identify the source of goods."

1、 The available evidence of trademark use mainly includes:

(1) Product Data

Trademarks are used on commodities, commodity packages, containers, labels, etc., or on additional labels, product manuals, brochures, service place signs, menus, price lists, shop decorations, staff clothing, posters, lottery tickets, office stationery, stationery and other supplies related to designated commodities/services.

(2) Transaction documents and documents

The trademark is used in transaction documents or documents related to commodity sales/services, including commodity sales contracts, invoices, bills, receipts, commodity import and export inspection and quarantine certificates, customs declaration documents, transaction documents or transaction records of e-commerce operations, service provision agreements, repair and maintenance certificates, etc.

(3) Advertising and publicity materials

The trademark is used in radio, television, Internet and other media, or published in public publications, as well as advertising for trademarks or goods/services using trademarks by billboards, postal advertisements or other advertising methods.

Trademarks are used at exhibitions and expositions, including but not limited to those used to indicate the source of goods and services in exhibition prints and other materials, trade signs, signboards and background plates.

(4) Other evidence

The use of trademarks is reflected in legal documents and certification documents issued by state organs, testing or appraisal institutions and industrial organizations.

2、 Note:

1. The above evidence shall show the standard trademark pattern/text and service time.

2. The user needs to be the trademark obligee or the person authorized by the obligee.

3. Use on the goods or services designated or approved for use.

4. The place of use is within the territory of China, including the production, processing, sales of goods or related services provided within the territory of China.

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