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Where can the trademark use evidence be used?
The use of trademarks in the market, in fact, will leave evidence of use every time it stops. The difference lies in whether the enterprise keeps or directly ignores the use of evidence. However, after understanding, in fact, trademark use evidence is a very important basis, which can bring enterprises a chance of winning in disputes. For example, in many stages, the evidence of trademark use actually plays its role:

If two or more applicants register the same or similar trademarks in the same or similar categories on the same day, the Trademark Office will require all applicants to submit evidence of prior use before filing an application. The earlier the trademark applicant uses it, the earlier the trademark applicant can obtain the right of prior application.

If everyone does not use evidence first, then an applicant's eligibility can only be determined by other methods. Therefore, if an enterprise has used the logo before registering a trademark, it is necessary to keep the corresponding evidence materials, which can play a great role in the application and help it win back the trademark ownership.

There is also trademark rejection, which often happens in trademark registration. Generally speaking, trademark rejection is mainly in these three situations: violation of the absolute prohibition clause of trademark law; Trademark lacks distinctiveness; Identical with or similar to a prior trademark in the same or similar category. When the trademark is rejected, the enterprise can review the rejection according to the actual use and let the examiner make a second judgment. Providing evidence of prior use of the trademark will greatly improve the success rate of trademark rejection review.

There is also a trademark, which can be challenged by anyone within three months after it is announced in the first instance. In view of the reasons of trademark objection, the respondent is defending and can provide evidence of trademark use, thus affecting the examiner to judge the case from different angles. Moreover, the trademark itself has passed the preliminary examination of the Trademark Office during the announcement period, and the success rate of trademark registration can be greatly improved by further providing evidence of actual trademark use.

Through the above facts, we tell trademark users that using trademarks is a way to protect trademarks, especially after successful trademark registration, we should give full play to the maximum value of trademarks through legal use, and keep evidence when using logos before registering trademarks. In short, the use of evidence can be used as a reference item in many disputes, which has great utility.