Yes. Because invoices carry the credibility of the tax system and their dates cannot be tampered with, they are among the most probative evidence of use in non-use cancellation defenses and infringement enforcement — but several conditions must be met.
Conditions for an Invoice to Be Valid Evidence
- Shows the trademark: the "goods or taxable services name" field should reflect the trademark name, e.g., "XX-brand sportswear"; merely writing "a batch of garments" cannot be matched to a specific trademark;
- The date falls within the designated period: a non-use cancellation case looks at the three years before the cancellation application date; invoices outside the period are invalid;
- Clear buyer and seller: the issuer or the recipient should be the trademark registrant or a licensee;
- Goods within the designated scope: the goods on the invoice must be identical or similar to the goods designated in the registration certificate.
Invoices Alone Are Not Fully Secure
An invoice contains only text, no trademark representation. If there is a dispute over font or graphic differences between the trademark name on the invoice and the registered trademark, it is advisable to add:
- The corresponding sales contract (stating the trademark);
- Photos or physical samples of product packaging bearing the trademark from the same period;
- Supporting vouchers such as outbound delivery orders and logistics documents.
Common Mistakes
- Invoicing goods only under generic names without the trademark;
- Relying on invoices between affiliated companies to claim use without proving actual commercial circulation;
- Sporadic invoices of extremely small amounts being found to be token use.
Recommendation
Developing the invoicing habit of "brand name + goods name" in finance is the lowest-cost, highest-value action in managing trademark evidence of use.
If you are facing the above issues, you can first do archive management at MyTMBee to confirm feasibility before deciding whether to submit, avoiding blind filings that waste official fees.