What should you pay attention to when providing evidence of trademark use
1. Provide evidence of trademark use, including the trademark owner’s own use Evidence of the trademark and evidence of the licensee’s use of the trademark.
2. Provide physical evidence as evidence to the Trademark Office , should be the original; if there is indeed no original provided, you can provide a copy that is consistent with the original, or evidence such as photos and videos to prove the physical evidence.
3. Providing computer data or audio or video recording, etc. Audio-visual materials used as evidence should comply with:
1 , provide the original version of the relevant information. If it is indeed impossible to provide, a copy can be provided;
2. If sound materials are provided, a written record of the sound content should be attached;
3. Indicate the production method, production time, producer and proving facts, etc.
4. The documentary evidence provided should be the original. It is indeed impossible to provide the original. If a notarized copy is provided that is consistent with the original document; if a copy, photocopy or transcript of the original document kept by the relevant department is provided, the source shall be indicated, and the department shall stamp it with its seal after verification.
5. The party or the party’s agent shall The submitted evidence materials should be classified and numbered one by one, and the source, proof object and content of the evidence materials should be briefly explained, and the evidence catalog should be signed and sealed, and the date of provision should be noted.
6. Written testimony provided to the Trademark Office shall comply with:
1. Indicate the witness’s name, age, gender, workplace and other basic information;
2. The signature of the witness, if unable to sign, should be stamped Proof by seal or other means;
3. Issued The date must be stated;
4. A copy of the resident ID card and other documents proving the identity of the certifier should be attached.
7. If the appraisal conclusion is provided to the Trademark Office, the matters concerning the client and the appraisal department, the relevant materials submitted to the appraisal department, the basis for the appraisal and the appraisal department and A description of the appraisal qualifications of the appraiser, and should be signed by the appraiser and stamped by the appraisal department. The appraisal conclusion obtained through analysis should explain the analysis process.
8. The following evidence of trademark use cannot be used alone as a basis for determining the fact of trademark use if there is no other valid evidence to corroborate each other:
1. Trademark licensing contract or agreement;
2. Goods sales contract, etc.;
3. Written testimony;
4. Physical evidence, audio-visual materials, etc. that are difficult to determine whether they have been modified;
5. Copies that cannot be verified with the original.
The above is the relevant knowledge compiled by the editor of Hualu. If you have more questions, you can consult a professional lawyer on the Legal Savior Network, or directly entrust a lawyer on the Legal Savior Network to help you get rid of the legal dilemma. .
