Abstract: When someone applies for trademark withdrawal while your trademark is in use, how should we fight back? The most effective way to fight back is to provide strong evidence. The evidence speaks for itself. You can also provide valid reasons for non-use of the trademark. Keeping good evidence of trademark-related use is not only a great protection measure for our brand, but also powerful evidence for us to maintain the brand. Provide legitimate reasons for non-use of the trademark
1. Force majeure.
2. Government policy restrictions.
3. Bankruptcy and liquidation.
4. Other legitimate reasons that cannot be attributed to the trademark registrant.
Explanation of evidence of trademark use
1. Product inspection report
The product inspection report is issued by a quality department with high credibility, or an authoritative organization such as an administrative association The procedures for the product certification report are quite strict, so the product inspection report can be regarded as evidence of trademark use, proving that the trademark holder is using the registered trademark reasonably.
2. Contracts
Contracts and agreements are important credentials and basis for economic entities to participate in economic activities. However, some contracts or agreements are not marked with trademarks and cannot be used as evidence of effective use. Therefore, when signing a contract or agreement, the trademark must be clearly marked. It is best to write the name and registration number of the registered trademark to leave effective evidence of the use of the trademark.
3. Invoice
A true and valid invoice for the sale of goods or the invoice for the provision of services can effectively prove the use of the registered trademark. However, many companies only fill in the abbreviation when filling in the invoice. Such an invoice has no connection with the registered trademark and cannot be used as sufficient and effective evidence of use. Therefore, when filling in the invoice, you must be careful and standardized to leave sufficient space for the use of the trademark. Strong evidence.
4. Advertising
Advertising is an important way for enterprises to promote their trademarks, goods and services, and is a good evidence material. However, some advertising methods, such as TV advertisements, cannot provide information on the time of advertising release, making it difficult to use it as direct evidence to prove the use of the trademark. Therefore, an advertising release contract signed with an advertising company can be used as valid evidence of use as long as the trademark name is marked in the contract.
5. Packaging
Packaging includes product packaging, service supplies packaging or containers, etc. Since it is difficult to determine the specific time of printing and use of simple packaging or containers, other evidence is needed to support it. For example, the contract signed with the printing house when entrusting printing, etc., must indicate the trademark name.
6. Certification documents
Award certificates, test reports, filing certificates, quarantine certificates, etc.
ps: The evidence materials submitted must be used within the specified three-year period.
Recurring registered trademarks
When the defensive trademark is proposed to be withdrawn, and the trademark owner has no legitimate reasons and evidence of use, the last resort can only be adopted. That is to register a trademark in a cycle and then continue to defend. Because the trademark revocation process will be longer than the trademark registration process, if your trademark is finally revoked, you can still occupy the right to apply first. Your trademark will not be registered by others, and it will be successfully registered quickly, and the new trademark will not be registered by others. Trademarks can continue to play a defensive role.
How to manage defensive trademarks
1. Advertising use
You can use it when promoting on TV, radio, street signs, etc. or on Internet platforms. Defend trademarks and promptly retain advertising materials that can be linked to the product. Moreover, using such a trademark is the simplest way to defend a trademark, the cost is relatively low, and the procedures are simple.
2. License others to use it
In order to make the defensive trademark be used, you can license it to others to use it, which can not only ensure its legal effect, but also generate a certain amount of economic income. However, when licensing a trademark, you must go to the Trademark Office for filing.
3. Register copyright for original graphic trademarks
If your defensive trademark is an original graphic, you can register the copyright. After successful registration, you don’t have to worry about being withdrawn even if you don’t use it. Three. Moreover, after the copyright of a graphic is registered, there cannot be any subsequent identical or similar trademark applications, otherwise it will be an infringement of prior rights.
How to protect your own trademark
1. Standardize the use of trademark names, and the scope of use should be consistent with the goods or services within the scope of approval on the trademark certificate.
2. During the continuous use of a trademark, attention should be paid to retaining evidence of trademark use. It is best to retain electronic files of trademark use materials every quarter and have them kept and organized by a dedicated person, such as trademark promotional materials, sales invoices, Sales contracts, product quality inspection reports, qualification certificates with corporate trademarks, certificates of honor, etc.
3. After trademark registration, do not change the content of the registered trademark at will during use ( For example, changing the text, graphics, color, etc. of a registered trademark), and secondly, do not change the name, address or other registration matters of the registrant at will. If changes are indeed needed, the trademark holder should promptly submit a change application to the Trademark Office to make the changes according to the requirements of the Trademark Office.