Recently, many trademark registrants will be confused when they receive the Notice on Providing Evidence for the Use of Registered Trademarks issued by the Trademark Office. Why was my registered trademark revoked? Trademark registrants are confused because there is a law in the Trademark Law. Article 49 specifically stipulates that any unit or individual may apply to the Trademark Office for cancellation of a registered trademark if it is not used for three consecutive years without justifiable reasons. ? In other words, after the trademark registration, the trademark registrant can't sit back and relax, because the trademark can only generate value through use. The legislative purpose of this law is to encourage operators to actively put registered trademarks into use and avoid the waste of social resources. Therefore, according to the provisions of this law, the public can use it? Don't use it for three consecutive years without justifiable reasons? In order to apply to the Trademark Office for cancellation of a registered trademark, the Trademark Office will send a notice to the trademark registrant after receiving the application for cancellation, and provide evidence for use. As long as the trademark registrant can provide qualified use evidence, the registered trademark can be maintained.

Therefore, trademark registrants need to respond positively after receiving the Notice on Providing Evidence for the Use of Registered Trademarks. Since it is necessary to provide qualified use evidence, what kind of use evidence is qualified? Some operators will ask:? I have advertised the trademark transfer in the newspaper. Is this evidence qualified? First of all, we need to be clear about its meaning. The use of trademarks? . In fact, Article 48 of the Trademark Law stipulates? The use of trademarks as mentioned in this law refers to the use of trademarks on commodities, commodity packages or containers, and commodity transaction documents, or in commercial activities such as advertisements and exhibitions, so as to identify the source of commodities? , here? Use trademarks on commodities, commodity packages or containers, and commodity transaction documents? It is called direct use. Use trademarks in commercial activities such as advertisements and exhibitions? Known as indirect use, the evidence of trademark use submitted to the Trademark Office can be direct use or indirect use. So, as can be seen from the above analysis, it is only? Did you advertise the trademark transfer in the newspaper? Is not a qualified form of trademark use.

In practice, the trademark registrant submitted the evidence of trademark use, which was still considered unqualified by the Trademark Office. For example, some trademark registrants only provide product photos, store photos or leaflets without any date; Or just provide contracts and invoices for the purchase of raw materials, but there is no information on public sales; Or all the evidence does not reflect the trademark. None of these materials can be regarded as qualified trademark use evidence. In the process of preparing evidence, the trademark registrant may consider preparing from the following three aspects.

1. Evidence of direct use of the trademark. Packaging, containers, labels, signs, product manuals, brochures, etc. ; Commodity sales agreement and its supporting invoices, bills, receipts, documents, commodity import and export quarantine certificates, customs declarations, etc. ; Store photos, store lease agreements and supporting invoices, etc.

2. Evidence of indirect use of the trademark. Use the trademark in the advertisement pages of media such as radio, television, publications approved for public release by the publishing administrative department of the State Council; Evidence that the trademark is used in related billboards, mail advertisements or other advertising methods; Proof materials for the use of trademarks in exhibitions and expositions approved by the relevant administrative departments of governments at all levels, including printed materials and other materials, exhibition photos, participation contracts and corresponding invoices provided at exhibitions and expositions.

3. If the trademark registrant does not use it himself, but licenses it to other subjects, the actual user of the trademark shall provide the above evidence and attach the trademark license contract or trademark power of attorney issued by the trademark registrant to the actual user.

The author recently undertook it? Ba and Tu? The case of trademark providing and using evidence is a typical successful case, which was finally supported by the Trademark Review and Adjudication Board, maintained registration and formed a complete chain of evidence. Chongqing Barrick Electromechanical Co., Ltd. is registered on knives such as blades? Ba and Tu? The Trademark Office requires the trademark to provide evidence of use. Barrick only provided photos of the goods without any date and the company's customer list in the early stage. The evidence was not recognized by the Trademark Office. Subsequently, in the review stage, barrick Company strengthened the evidence materials under the guidance of lawyers: commodity sales contracts and corresponding invoices, commodity packaging and physical photos with trademark marks; Exhibition contract and corresponding invoice, booth design contract and corresponding invoice and booth photo; Barrick Company authorizes its subordinate Dalian subsidiary to use the trademark, together with Dalian subsidiary's commodity sales contract and corresponding invoice, commodity packaging and physical photos with trademark logo, as well as Dalian subsidiary's exhibition contract and corresponding invoice, booth design contract and corresponding invoice and booth photos. The above evidence forms a complete chain of evidence, which can prove that barrick Company and its subsidiary Dalian Company are right in the designated goods. Ba and Tu? Trademark use is true, effective, legal and open, so it won the case.

In addition, considering that there are some special circumstances that make the trademark unusable, the law gives the trademark registrant the right to claim some? No trademarks? Justifiable reasons, including (but not limited to) force majeure, national policy restrictions, bankruptcy liquidation, etc. If the trademark registrant is really unable to use the trademark due to the above special circumstances, he may submit justified evidence to the Trademark Office.