with the increasing number of trademark registration applications in China, there are more and more applications on the same day. Article 31 of China's Trademark Law stipulates:' Where two or more applicants for trademark registration apply for registration with the same or similar trademarks on the same commodity or similar commodities, the trademark that applied earlier shall be preliminarily examined and announced; For those who apply together, the earlier trademark shall be preliminarily examined and announced, and other people's applications shall be rejected without announcement. " It can be seen that China implements the principle of trademark protection with prior application, supplemented by the principle of prior use. ; "> According to Article 19 of the Regulations on the Implementation of the Trademark Law, the applicant shall provide evidence of prior use of the trademark in time on the same day, which is the key link for the applicant to take the initiative to attack and safeguard the trademark rights. The life of a trademark lies in its use, and a large amount of evidence is bound to be produced in the process of use. Therefore, many applicants believe that it is not difficult to provide evidence of use as long as the trademark is used. However, in the practice of examination, many applicants lost the opportunity to claim their rights because the evidence they provided was unqualified. Then, how should the applicant provide evidence of use when applying on the same day? This paper will answer the common questions in the review practice. The author summarizes the main points of the examination of the application for the use of evidence on the same day as 4W+1H, that is, WHO, WHAT, WHEN, wher and HOW. When providing evidence for use, the applicant may wish to check against the following points to ensure that the evidence provided is valid. WHO: Who is the subject of trademark use in the evidence? This question seems simple: the evidence provided by the applicant is produced in his own business activities, how can it be someone else's? However, in practice, it is not uncommon for the applicant to fail in this issue. The applicant and the evidence user should be the same person in the legal sense. In practice, the use evidence of subsidiaries cannot prove the use of trademarks by the parent company, while the use evidence of subsidiaries can be directly regarded as the use of the head office. This is because the Company Law stipulates that subsidiaries have legal personality and are different from the parent company, while branches do not have legal personality and are only branches of the head office. If the parent company wants to obtain the validity of the evidence, it needs the subsidiary to entrust the parent company to exercise the right to apply for trademark registration. Similarly, the legal representative of a company applying for a registered trademark as a natural person cannot be directly regarded as evidence of the company's use of the trademark. In addition, if the applicant has changed its system or name, it is required to provide the Notice of Permission to Change Registration or other documents issued by the industrial and commercial department or other competent departments to prove that the evidence user and the applicant are the same person. WHAT: What goods or services are the trademarks used in the evidence? Whether the evidence shows that the trademark is used in the designated goods or services is another problem that the applicant easily ignores. In practice, the author finds that the use evidence provided by service trademarks is easier to ignore this problem. For example, the pharmacy trademark applicant designated the trademark to be used on the' drug retail or wholesale service' in the 359 similar group in the Classification Table of Similar Goods and Services, and provided the drug packaging, drug sales contracts, drug advertisements and other materials with the applied trademark. Although this can show that the applicant used the trademark, it was used on the fifth category of' human drugs' and other commodities, which was not effectively used in pharmacies. Only the decoration photos of the store with the applied trademark, the production contract of the door of the pharmacy, the advertisement of the pharmacy, the contract with the name of the pharmacy and the invoice can show the use of the trademark in the designated service. Similarly, the use of trademarks in clothing (category 251) is not equal to the use in clothing making (category 41), computer programming (category 91) is not equal to the use in computer programming (category 422), and the use in glasses (category 921) is not equal to the use in glasses rows (category 445). For all these reasons, applicants should pay attention to distinguish between goods and services and provide evidence for their designated goods or services. WHEN: The evidence can be traced back to when the trademark was used? First of all, all the evidence should prove that the trademark was used before submitting the registration application, otherwise the right of prior use cannot be claimed. Secondly, in the case that multiple applicants provide valid evidence on the same day, the evidence provided can only win early, which requires the applicant to pay attention to retaining relevant evidence at the beginning of trademark use. In practice, some applicants claim that they used the trademark earlier than the other party, but due to the failure to properly keep the early evidence, the evidence provided can be traced back later than the other party. In this case, it is regrettable that the applicant is only one step away from obtaining the trademark registration certificate, but missed it. Wher: Is the place where the trademark is used in the evidence the place where China's Trademark Law is effective? All intellectual property rights have regional characteristics, and trademark rights are no exception. Since the main function of trademarks is to make consumers distinguish the sources of goods and services, the use of trademarks abroad cannot make domestic consumers associate them with specific goods and services providers and cannot be regarded as effective use. Therefore, applicants, especially those from foreign countries, Hong Kong, Macao and Taiwan, should pay attention to the fact that the place of use must be in the place where the Trademark Law of China is effective, that is, Chinese mainland. HOW: What is the probative power of the evidence? To judge the probative force of evidence, we mainly consider its credibility, influence and other factors, and need to make a concrete analysis of the evidence materials. In practice, we often consider the following issues: whether the trademark in the evidence is in an obvious position and used to identify the source of the goods, whether the copy is notarized, whether the contract is legal and effective, the coverage and intensity of advertising, and the influence of participating in the exhibition. Trademark is inseparable from the publicity and maintenance of the brand by the market subject in the process of use, and bears the goodwill of the user. If it is rejected because it cannot provide effective evidence of prior use, it means that the previous investment cannot be effectively rewarded. Therefore, in case of application on the same day, the applicant should actively prepare and submit evidence of prior use in time as required to defend his trademark right. ;" > Trademark transfer network