Evidence materials for trademark use
1. Invoice: As the basic commercial voucher in economic transactions, the invoice is a record of business operations. A kind of written proof of activities is the receipt and payment voucher issued and collected when purchasing and selling goods, providing or receiving services, and engaging in other business activities. Therefore, authentic and valid invoices for goods sales or service provision can strongly prove the use of registered trademarks. However, many companies only fill in the name of the goods or services when issuing invoices without filling in the trademark name or abbreviated trademark name.
2. Contract (or agreement): Contracts and agreements are important credentials and basis for economic entities to participate in economic activities, and therefore can be used as effective evidence of trademark use. However, many contract (or agreement) terms seem strict, but the trademark logo is not obvious. In particular, some service agreements are not marked with trademarks at all and cannot be used as evidence of valid use. Therefore, when signing a contract or agreement, the trademark must be clearly marked. It is best to write the name and registration number of the registered trademark to leave effective evidence of the use of the trademark.
3. Advertising items: Advertisements include advertisements for goods and services published in various media such as radio, television, newspapers, magazines, etc. Advertising is an important way for enterprises to promote their trademarks, goods and services. Trademark logos are often placed in prominent positions in advertisements, which is a good evidence material. However, some advertising methods, such as TV advertisements, outdoor advertising, etc., cannot provide information on the time of advertisement release, so it is difficult to use it as direct evidence to prove the use of the trademark. Advertisements in newspapers, magazines, various conferences, expositions, trade fairs, etc. are more direct and powerful evidence because they can provide important information such as time and trademark logos. However, an advertising release contract signed with an advertising company can be used as evidence of effective use as long as the trademark name is marked in the contract.
4. Packaging: Packaging includes product packaging, service supplies packaging or containers, etc. Since it is difficult to determine the specific time of printing and use of simple packaging or containers, other evidence is needed to support it. For example, the contract signed with the printing house when entrusting printing, etc., must indicate the trademark name.
5. Product inspection report: submitted by the superior quality supervision departmentProduct inspection reports issued by authoritative organizations such as , industry associations, etc. to prove the quality of goods. The procedures are strict and the contents of the report are clearly marked, which is a good evidence of trademark use.
6. Trademark printing certification materials: Trademark printing is a prerequisite for trademark use, so trademark printing certification materials are also strong evidence to prove trademark use. . However, in actual cases, many companies directly provide some physical trademarks and logos, but fail to provide certification materials for printing these trademarks and logos. It is often impossible to confirm the specific time of printing and use of these trademark logos. Therefore, when printing trademarks, enterprises must choose printing companies with good reputation and whose business scope includes "trademark and logo printing". Such printing companies have a complete management system for trademark printing. They have complete registration and custody records of printing time, trademark name, and printing client. They are also relatively standardized in issuing invoices and making contracts, and can provide services for trademarks. Use to provide strong evidence.
Other materials that can be used as evidence of trademark use include product instructions, inspection and quarantine certificates for goods entering and exiting LI, product customs declaration forms, etc. However, none of the above-mentioned single materials may be able to fully prove the use of a trademark. Therefore, multiple evidence materials are often required to corroborate and correlate with each other to form an effective evidence chain to fully prove the use of a trademark.
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