Navigating the trademark landscape in China can be a bit tricky, especially when it comes to proving the use and reputation of your trademark. Whether you’re dealing with trademark opposition, invalidation, non-use cancellation, or infringement actions, having solid evidence is essential. Here’s a friendly guide to the types of evidence you should consider gathering to support your claims.
Commercial Documentation
- Sales Contracts and Invoices: Keep copies of contracts and invoices that show sales of goods or services under your trademark. These documents are key in demonstrating actual use.
- Bills of Lading and Bank Receipts: These financial documents can serve as proof that your trademarked products have been sold and shipped within China.
- Export/Import Documents: If your brand operates internationally, these documents can show that your trademark is recognized and used beyond China’s borders.
Sales and Distribution Evidence
- Sales Area Materials: Gather information about where your products are sold. This could include maps or lists of retail locations to demonstrate the geographical reach of your trademark.
- Points of Sale Information: Document the various channels through which you sell your products—whether online or offline. This helps establish the presence of your trademark in the market.
Promotional Materials
- Advertising Evidence: Collect advertisements from various media—TV, radio, newspapers, and social media—that feature your trademark. Real-world examples can make a significant impact.
- Event Participation: If you’ve showcased your products at trade fairs or exhibitions, keep records of these events. Photos and brochures can add weight to your claims.
Historical Use Evidence
- First Use Documentation: Track when you first started using your trademark in China. This historical context can be crucial in legal disputes.
- Continuous Use Evidence: Show ongoing use over time with dated promotional materials or sales records. Consistency is key!
Registration Certificates
- Trademark Registration Copies: Have photocopies of your trademark registrations not just in China but also in other jurisdictions where you operate. This adds credibility to your claims.
Recognition as a Well-Known Trademark
- Official Recognition Documents: If your trademark has been recognized as well-known by Chinese authorities, keep those certificates handy. They can significantly bolster your case.
Valuation Reports
- Assessment Reports: Obtain reports from qualified organizations that assess the value of your trademark as an intangible asset. This can provide insight into its market significance.
Sales Statistics
- Financial Data: Collect statistics on sales volume, revenue, advertising expenditure, and market share related to your trademarked goods/services. Having numbers to back up your claims is always helpful!
Awards and Honors
- Recognition Certificates: If you’ve received awards for your brand or products in China, make sure to document these achievements—they can enhance your reputation.
Product Evidence
- Product Images and Packaging Samples: Keep photos of products and their packaging that prominently display the trademark. Visual evidence can be quite persuasive.
Transactional Documentation
- Product Orders and Contracts: Maintain copies of orders, contracts, and shipping documents that show a consistent pattern of sales involving your trademark.
For added credibility, ensure these documents form a clear chain that illustrates the consistency of each transaction.
Practical Tips for Evidence Collection
- Stay Organized: Create a systematic approach to collecting and storing evidence related to your trademark use. A well-organized file will save you time when you need to present evidence.
- Regular Updates: Make it a habit to regularly update your evidence collection as new sales occur or marketing campaigns launch.
- Consult Experts: Engage with intellectual property professionals who understand the nuances of Chinese law to help navigate complex situations effectively.
(By Dr. Jian Xu. Last updated: Mar 2025)
- This article is an excerpt from my book, "Chinese Intellectual Property Law and Practice: An Insider's Guide for Global Practitioners", available on Amazon. You are welcome to check it out if interested.
- Should you have any questions on China IP, please feel free to contact me: [email protected]
