Evidence of Use of the Trademark in China

Has your trademark been registered in China and faced the challenge of cancellation for non-use for three consecutive years? Is your trademark being used in China? Do you have any trouble appropriately keeping the evidence proving the effective use of the trademark? If so, we would like to share some necessary information and provide basic advice about evidence of use for your reference.

1. Time of vulnerability to non-use cancellation

A trademark will be vulnerable to non-use cancellation when it has been registered for three years. According to the Trademark Law of China, any party can file a request to cancel the trademark.

2. Why a third party initiates the non-use cancellation

The most common reason is that your trademark is blocking the third party’s trademark, which is similar to your trademark. The third party is seeking to clear the way for its own trademark.

3. "Quaternity" evidence

There is a great number of live trademarks in the registry of the China IP Office. Based on our practice, if your trademark registration is cancelled, it would be difficult to re-register it, as many prior similar marks would be barriers. So, whether your trademark has been registered for three years or not, you should keep the evidence of use in advance to defend against possible non-use cancellation.

The evidence of use is the "Quaternity" document, which includes the following important elements:

1. Trademark - The evidence shall bear the trademark, which is the same as the registered one;
2. Goods/Services - The trademark shall be used on the goods/services approved by the China IP Office;
3. Date - The evidence shall show the date that the trademark is used on, and shall fall in the three years before the date the non-use cancellation is filed; and
4. User – The user could be the registrant itself, the licensee, or others allowed by the registrant to use the trademark.

4. Useful evidence

In general, the following evidence is useful:

1. Products, packaging, booklets, containers, labels, etc. bearing the trademark;
2. Contracts, invoices, bill of lading, customs declaration, etc. bearing the trademark;
3. Advertisements, such as video, magazine, newspaper, Internet, etc., for the products bearing the trademark; and
4. Relevant documents showing that the trademark is used in exhibitions and other similar commercial activities.

If you need more information and advice about the use of trademarks in China, please contact us.