In the three cases of trademark withdrawal, how to provide more favorable evidence materials?-Q&A.-Shenzhen deep trust patent Agency Co., LTD

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In the three cases of trademark withdrawal, how to provide more favorable evidence materials?

Release Time：

2022-08-31

In the three cases of trademark withdrawal, how to make the trademark registration applicant provide trademark use evidence materials within the time limit, and prepare which use evidence materials are more beneficial?

1. The specific forms of trademark use on the specified goods are:

(1) Attaching the trademark to commodities, packaging, containers, labels, etc. by direct affiasing, engraving, branding or weaving, or using it on additional labels, product manuals, introduction manuals, price lists, etc.;

(2) Trademarks are used in transaction documents related to commodity sales, including commodity sales contracts, invoices, bills, receipts, commodity import and export inspection and quarantine certificates, customs declaration documents, etc.;

(3)The trademark is used in radio, television or other media, or published in publicly issued publications, and advertising is carried out by billboards, postal advertisements or other means of advertising as the trademark or the goods using the trademark;

(4) Use of the trademark at exhibitions and fairs, including printed materials and other materials provided at exhibitions and fairs using the trademark;

(5) Other forms of trademark use in accordance with the law.

2. The specific forms of trademark use in designated services are:

(1) The trademark is used directly on the service site, including on the service brochure, service site signboard, store decoration, staff clothing, posters, menus, price lists, lottery tickets, office stationery, stationery and other supplies related to the designated service;

(2) Trademarks are used on documents related to services, such as invoices, money orders, service agreements, maintenance certificates, etc.;

(3) The trademark is used in radio, television or other media, or published in publicly issued publications, as well as advertising for the trademark or services using the trademark by billboards, postal advertisements or other means of advertising;

(4) Use of the trademark at exhibitions and expos, including printed materials and other materials provided at exhibitions and expos using the trademark;

(5) Other forms of trademark use in accordance with the law.

3.The following circumstances shall not be regarded as the use of trademarks within the meaning of the Trademark Act:

(1) The publication of trademark registration information or the declaration of the trademark registrant on the exclusive right to use its registered trademark;

(2) Not used in open commercial areas;

(3) Use as a gift only;

(4) Only transfer or license without actual use;

(5) Symbolic use for the sole purpose of maintaining trademark registration。

4. The submission of only the following evidence shall not be regarded as the use of a trademark within the meaning of the Trademark Act:

(1) Commodity sales contract or service provision agreement, contract;

(2) Written testimony;

(3) It is difficult to identify physical evidence, audio-visual materials, website information, etc., whether it has been modified;

(4) Physical objects and replicas.

5. The use of a trademark is not considered as a trademark within the meaning of the Trademark Act:

(1) The publication of trademark registration information or the declaration of the trademark registrant about the exclusive right to use its registered trademark;

(2) Not used in open commercial areas;

(3) Use as a gift only;

(4) Only transfer or license without actual use;

(5) Symbolic use for the sole purpose of maintaining trademark registration.

6. Zero tolerance for forged evidence:

Administrative and judicial organs shall strictly examine forgery of evidence. If part of the evidence of use provided by the trademark registrant is falsified, all evidence should be strictly examined, the standard of proof should be raised accordingly, and the act of falsifying evidence should be punished as an example to others.

To sum up, the use of evidence materials in the case must provide true and effective materials. Explain and provide targeted products and services. To be accepted by the trademark office. Remember not to provide false evidence.

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