Yes. Article 48 of the Trademark Law expressly provides that trademark use includes using the trademark in advertising, exhibitions, and other commercial activities. Therefore, genuine, publicly launched advertising is itself one of the statutory forms of trademark use.
Situations Where Advertising Use Is Recognized
- Contracts and broadcast/publication vouchers for TV, radio, and newspaper ads;
- Publication contracts and on-site photos of outdoor advertising (supported by dated evidence);
- Backend placement data and promotional screenshots of online advertising (notarization recommended);
- Exhibition participation contracts, booth photos, and exhibitor catalog listings.
As long as these materials show the registered trademark, the publication time, and the advertising entity, they constitute valid evidence of use.
Why Advertising Evidence Alone Is Risky
In non-use cancellation defense practice, examiners scrutinize evidence combinations consisting of "advertising only, without any goods transactions" more strictly:
- Advertising can simply be purchased and does not prove that goods genuinely entered the market;
- Whether the advertised goods fall within the designated goods is sometimes hard to determine;
- A small amount of token advertising may be regarded as token use maintained merely to preserve the registration.
The safe approach is to pair advertising evidence with sales evidence: advertising proves the "push," while invoices and orders prove the "sale" — only the two together form a complete picture of commercial use.
Particularities of Service Trademarks
For service trademarks in Classes 35–45, advertising, signage, service venue decoration, and service contracts are often the primary — or even the only — carriers of use. Such evidence carries relatively greater weight, but it is still advisable to keep it together with service agreements and payment vouchers.
If you are unsure about any of the above, you can first do archive management at MyTMBee and act only after receiving an analysis opinion from a registered agency.