After we have registered and applied for a trademark, if a trademark infringement dispute arises, it is not enough to just provide an application certificate. We also need to provide and keep it or indicate some registered trademark-related information in the corresponding place. This information is the evidence of trademark use. So what does the evidence of trademark use include? Please see below.

What does the evidence of trademark use include?

1. Evidence of trademark use, including evidence of the trademark registrant’s use of the registered trademark and evidence of the trademark licensee’s use of the registered trademark.

2. If the parties provide documentary evidence to the Trademark Office, it shall be the original. If it is really difficult to provide the original, a notarized copy that is consistent with the original may be provided; a copy of the original documentary evidence kept by the relevant department shall be provided. , photocopies or transcripts, the source shall be indicated, and the department shall stamp it with its seal after verification.

3. If the party concerned provides physical evidence to the Trademark Office, the original object shall be provided. If it is really difficult to provide the original object, you can provide a copy that is verified to be correct with the original object or other evidence such as photos and videos to prove the physical evidence; if the original object is a large number of types, a part of it can be provided.

4. If the party concerned provides computer data or audio-visual materials such as audio and video recordings to the Trademark Office, it shall meet the following requirements:

(1) Provide the original carrier of the relevant information and provide the original carrier If there are indeed difficulties, a copy can be provided;

(2) Indicate the production method, production time, producer and certified facts, etc.;

(3) The sound material should be accompanied by A transcript of the content of the sound.

5. If the party concerned provides written testimony to the Trademark Office, it shall meet the following requirements:

(1) State the name, age, gender, residence, workplace or occupation of the witness, etc. Basic information;

(2) There is a signature of the witness. If the signature is not available, it should be certified by sealing or other means;

(3) Indicate the date of issuance;

(4) Attach a copy of the resident ID card and other documents proving the identity of the certifier.

6. When the party provides an appraisal conclusion to the Trademark Office, it shall state the matters concerning the client and the appraisal department, the relevant materials submitted to the appraisal department, the basis for the appraisal, and a description of the appraisal qualifications of the appraisal department and the appraiser. It should also have the signature of the appraiser and the seal of the appraisal department. The identification conclusion obtained through analysis should explain the analysis process.

7. The party or the party’s agent shall classify and number the evidence materials submitted one by one, give a brief explanation of the source, object and content of the evidence materials, and sign, seal, and annotate the evidence catalog. Provide the date clearly.

8. If the following evidence of trademark use is not mutually corroborated by other valid evidence, it cannot alone be used as a basis for determining the fact of trademark use:

(1) Trademark licensing contract or agreement;

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(2) Goods sales contract or laundry or service contract;

(3) Written testimony;

(4) Physical evidence that is difficult to identify whether it has been modified, Audio-visual materials, etc.;

(5) Copies or replicas that cannot be verified with the originals or objects;

(6) Other evidentiary materials that cannot alone be used as a basis for determining the facts of the case. Trademark use