Trademark evidence of use refers to materials proving that the trademark registrant genuinely used the registered trademark in commercial activities on the designated goods or services during a specific period. It is the core offensive and defensive weapon in non-use cancellation defenses, oppositions, invalidations, and infringement enforcement.
The Four Elements of Valid Evidence
A qualified piece of evidence of use must simultaneously show:
- The trademark representation: the displayed mark is substantially identical to the registered trademark;
- The time of use: it falls within the challenged designated period (in non-use cancellation cases, the three years before the cancellation application date);
- The using entity: the trademark registrant, or a licensee or another authorized entity;
- The designated goods/services: use is on the goods or services designated in the registration certificate — cross-class use does not count.
Common Types of Evidence
Under Article 48 of the Trademark Law, use includes applying the trademark to goods, packaging or containers of goods, and transaction documents, as well as use in advertising, exhibitions, and other commercial activities. Corresponding evidence includes: sales contracts with corresponding invoices, physical product packaging and photos, e-commerce sales records, advertising contracts and publication vouchers, exhibition materials, and customs documents.
What Materials Do Not Count
- Only a trademark registration certificate or license contract without any material of actual use;
- Photos without dates and self-made flyers;
- Materials whose representation differs too much from the registered trademark;
- Merely token, sporadic use maintained only to preserve the registration (which may not be recognized as genuine commercial use).
Recommendation
Establish an annual archiving mechanism for trademark evidence of use, retaining at least 2–3 complete "contract + invoice + packaging" evidence chains each year.
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.