The core principle of retaining trademark evidence of use is: archive by year in normal times, retrieve at any time in a dispute. This guide proceeds in the order of "evidence standards → classified retention → electronic preservation → institutional building," providing a complete, directly implementable solution.
1. First Clarify the Qualification Standard for Evidence
For any material to serve as valid evidence in a non-use cancellation defense or enforcement action, it must simultaneously show four elements:
- The trademark: the displayed mark is substantially identical to the representation on the registration certificate;
- The time: it bears a clear date falling within the disputed designated period;
- The entity: the user is the registrant or a licensee;
- The goods: they fall within the designated goods or services.
Self-check against these four elements when archiving; materials missing an element should either be reinforced or discarded, to avoid "storing a pile of useless paper."
2. Retention Methods for the Five Types of Evidence Carriers
1. Contracts
- Sales contracts and distribution agreements should state the trademark name and the goods names — not merely "a batch of products";
- Contracts must bear both parties' seals/signatures and a signing date;
- Annual framework contracts must be paired with actual performance vouchers (orders, statements of account) — a contract without performance equals no use;
- Scan the originals for archiving and bind the paper originals by year.
2. Invoices
- Build the habit of invoicing goods as "brand name + goods name," e.g., "XX-brand oolong tea";
- Both VAT special invoices and ordinary invoices are valid, but special invoices are better received for their complete information;
- Export a summary of invoicing records by trademark and by year, annotated with the corresponding contract;
- Invoices between affiliated companies should be paired with logistics and outbound records to prove genuine circulation.
3. Physical Items
- Keep 1–2 physical packaging items bearing the trademark for each SKU on sale, marked with the production date;
- When packaging is redesigned, retain records of the old-to-new transition;
- When photographing items, place that day's newspaper or another time reference in the frame to strengthen time proof;
- Retain gifts and exhibition materials as well, paired with campaign plans and distribution records.
4. Advertising
- For TV and radio ads, keep the contract and broadcast certificate (the station's stamped broadcast log);
- For newspaper ads, keep the original newspaper of the publication date;
- For outdoor ads, keep the publication contract and on-site photos (the photos should reveal time clues);
- For online ads, keep screenshots of placement backend data and notarize or timestamp them promptly;
- For self-media promotion (official accounts, short videos), keep backend publishing screenshots and notarization records.
5. E-Commerce
- Export order data from each platform quarterly (order number, product name, time, amount) for archiving;
- Notarize core product listing pages once a year or apply a trusted timestamp;
- Keep screenshots of photo buyer reviews;
- Where the store entity differs from the registrant, archive the authorization letter or license recordal.
3. Tools for Fixing Electronic Evidence
- Notarization: the highest probative value, suitable for core product pages and major campaigns; the downside is high cost and long lead time;
- Trusted timestamps: low cost and batch-capable, suitable for daily web pages, screenshots, and electronic contracts;
- Blockchain evidence platforms: already recognized by some courts, suitable for continuous preservation of e-commerce data;
- Official platform channels: CNIPA archives, customs filing records, and e-commerce platforms' transaction snapshots, which inherently carry credibility — retrieve them first.
Principle: fix important evidence on dual tracks (notarization + timestamp); a timestamp alone suffices for ordinary evidence.
4. How to Assemble Evidence Chains
A lone piece of evidence is hard to sustain; consciously organize evidence chains when archiving:
- Transaction chain: contract → order → outbound order → logistics document → invoice, proving the goods were genuinely sold;
- Presentation chain: physical packaging/photos → product listing → advertising materials, proving how the trademark was actually presented;
- Time chain: at least two complete chains per year, forming continuous coverage across the three-year period, so evidence is not concentrated in a single month and suspected of being fabricated on the eve of litigation.
5. Implementing an Annual Archiving Regime
Companies are advised to establish the following mechanisms:
- Assign responsibility: the legal or brand department designates a trademark evidence administrator, with finance, e-commerce, and marketing supplying data;
- Ledger per trademark: one archive folder (electronic + paper) per registered trademark, stored in a two-level directory of "year / evidence type";
- Annual review: in a fixed month each year, check whether each trademark's evidence for the year meets the standard (recommended: at least 2–3 complete evidence chains per trademark per year), and fill any gaps within the year;
- Link with trademark management: update archives in sync when filing new registrations, renewals, and changes; assess whether idle trademarks need defensive use or licensing;
- Emergency response: after receiving a non-use cancellation defense notice, be able to pull a complete evidence package within three days — this is the sole criterion for testing the archiving regime.
6. Common Failure Lessons
- Keeping invoices but no physical items — the trademark representation did not match and was rejected;
- Keeping photos without dates — authenticity rejected;
- After a redesign, using only the new mark — the old registered trademark had no evidence for three years and was cancelled;
- A licensee actually used the mark but without recordal or authorization records — the entity connection was not recognized;
- Starting to collect evidence only after receiving the defense notice — rushed assembly within the two-month limit produced low-quality evidence.
The essence of evidence management is daily habit, not litigation technique. Institutionalize the three practices — "invoice with the brand name, keep samples with dates, preserve web pages diligently" — and non-use cancellation risk is basically under control.
7. How to Get Started
If you need the above process handled for you, you can book a registered agency archive management service at MyTMBee, with full assistance from material preparation to filing follow-up.