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What are the proper ways to store evidence of valid use of a trademark?
Release Time：
2022-07-25
In practice, the preservation of evidence of trademark use is closely related to the use of trademarks. There are many kinds of evidence that can prove the actual use of trademarks, including agreements, bills, publicity materials and so on. It is not difficult for trademark registrants to provide such evidence, but due to the influence of many factors such as industry practices, trading habits, and daily management system of enterprises, many trademark right holders can provide non-standard evidence, which leads to the reduction of their evidential power. Therefore, enterprises in the process of retaining trademark use evidence, it is necessary to pay attention to the following points: (See Shi Chuanwu: "How to save the evidence of effective use of trademarks?" , published in China Intellectual Property News)
First, the daily use of trademarks should be standardized and consistent with the trademark samples on the registration certificate as far as possible.
Second, in daily use, for the evidence materials that can retain the original, be sure to retain the original.
Third, the evidence of trademark use needs to be able to form a complete evidence chain, which can simultaneously prove the three elements of time of use, trademark logo and commodity use. If the trademark is attached to the package, container, label of the product or the menu and price list of the service, these evidences cannot reflect the time of use of the trademark, and naturally it is difficult to be adopted by the bureau of standards. Under normal circumstances, the transaction documents or documents of goods or services, such as contracts, invoices, maintenance certificates, advertising materials, etc., are more "high-quality" evidence of use, and it is also easier for enterprises to save evidence. In order to clearly reflect the goods used in the trademark, when issuing the above certification documents, the name of the goods must not be replaced by short names or even models, so as not to obscure the pertinency of the evidence, thereby reducing the effectiveness of the evidence. When advertising trademarks, including media advertising, online advertising, billboards, exhibitions or expositions, etc., should promptly retain the relevant web links, videos, magazines, photos, etc., while able to sign an agreement, as far as possible to sign an advertising agreement, and at the same time issue invoices.
Fourth, the use of the trademark is not limited to the use of the trademark registrant, the use of the licensee can also be regarded as the effective use of the trademark.
Source: China Trademark Magazine
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