Trademark Wiki / 商标使用规范

Evidence of Use

TermPublished 2026-09-17 · Updated 2026-09-17

Evidence of use is the collective term for all kinds of materials proving that a registered trademark was genuinely put to commercial use during a specific period; it is the core offensive and defensive weapon in non-use cancellation defenses, right-determination, and infringement cases.

Evidence of use (trademark evidence of use) is the collective term for all kinds of materials proving that a trademark was genuinely used in commercial activities on the designated goods or services during a specific period. In non-use cancellation defenses, oppositions, invalidations, and infringement litigation, evidence of use directly decides the outcome.

The Constituent Elements of Evidence of Use

For a piece of evidence to be credited, it must simultaneously point to four elements; missing any one sharply reduces its probative value:

  • The trademark: the mark shown on the evidence is substantially identical to the registered trademark;
  • The time: it falls within the disputed designated period;
  • The entity: the user is the registrant, a licensee, or an authorized entity;
  • The goods/services: they fall within the scope designated in the registration certificate.

Classification and Probative Hierarchy of Evidence

Tier 1 (official or quasi-official vouchers, the most probative): VAT invoices, customs declarations, inspection and quarantine certificates, exhibition participation certificates issued by organizers, and media advertising broadcast certificates.

Tier 2 (commercial transaction documents): sales contracts, orders, outbound delivery orders, logistics documents, e-commerce platform backend data, license contracts and recordals.

Tier 3 (physical items and promotional materials): physical goods and packaging bearing the trademark, manuals, brochures, advertising proofs, and web screenshots. This tier is easily forged and lacks time markers, so it must be used in combination with other evidence or be notarized.

Evidence-Chain Thinking

Examination and judicial practice emphasize mutual corroboration among pieces of evidence. The classic complete evidence chain is: contract (agreeing on the trademark and goods) → invoice (proving the transaction genuinely occurred and showing the trademark) → physical item or photos (proving how the trademark was actually presented). Even a highly probative single piece of evidence, standing alone, is often unpersuasive.

Fixing Electronic Evidence

Electronic evidence such as e-commerce orders, web advertising, and social-media promotion can be deleted or modified at any time; in practice it is fixed mainly in two ways: notarization by a notary office (highest probative value) and trusted timestamps (low cost, batch-capable). Important evidence should be fixed promptly after it is created, not remedied after a dispute arises.

Typical Invalid Evidence

  • Photos and promotional items that show no date;
  • Use materials that differ too much from the registered representation;
  • Only rights vouchers such as the registration certificate and application documents;
  • Internal documents of related-party transactions that cannot prove genuine circulation;
  • Use materials outside the scope of the designated goods.

Management Recommendations

Establish an annual archiving regime for trademark evidence of use: each year, collect at least two sets of contracts, invoices, photos of physical items, and advertising vouchers per trademark and per category, with dual paper and electronic backups, forming a corporate trademark evidence library that can be retrieved at any time.

How the above concept applies in specific cases still involves detailed differences; you can consult a registered agency at MyTMBee for an analysis opinion tailored to your case.