[Direct answer]In the Beijing area, it is necessary to prove that the trademark has been used in a genuine, open, and legal manner on the specified goods or services within the designated three-year period. The evidence should form a closed loop that corroborates the time, subject, goods or services, usage behavior, and geographical location. Common and highly convincing materials include: sales contracts with trademark logos and dates, invoices and delivery notes, orders from e-commerce platforms, transaction snapshots and logistics records, product packaging with trademark logos, signage and physical photos, advertising campaigns and promotional materials, exhibition certificates and photos from trade shows, media reports, quality certifications, and distribution agreements. Materials that are unverified, undated, lack trademark logos, or are ambiguous in nature have weaker evidentiary value and are more likely to be deemed insufficient to maintain registration.

1. Problem background and typical scenarios

After the trademark is registered, if it is not used for three consecutive years, anyone can apply for its revocation. After receiving the revocation notice, the registrant must submit a defense and evidence of use within the specified time limit; if the defense is not submitted within the time limit or the evidence is insufficient, the trademark will be revoked. Many enterprises are negligent in management on a daily basis. Once the trademark is revoked, they may find that there is no trademark on the invoices, the goods are not specified in the contracts, or the evidence is scattered in different departments and cannot be matched. It is very difficult for them to protect their rights actively in such situations.

II. Key points of contention

First, whether the evidence falls within the specified three-year period; second, whether the use occurred on the approved goods or services; third, whether the user is qualified and whether the licensee's use can be attributed to the registrant; fourth, whether the use constitutes genuine, public, and legal commercial use, and whether symbolic use can maintain the registration; fifth, whether multiple pieces of evidence can corroborate each other to form a complete chain of evidence.

III. Professional analysis by Henglue Law Firm

The first step is to clarify the burden of proof and the deadline for defense. After the trademark is applied for revocation, the registrant is responsible for proving that they have actually used the trademark within the specified period. There are strict deadlines for defense, and failure to meet the deadline will be deemed as a waiver. Therefore, after receiving the notice, the registrant should organize the necessary materials as soon as possible, preferably sooner rather than later, and simultaneously check the revoked trademark, its categories, and the approved product or service scope.

The second layer selects and supplements evidence based on their evidentiary value. Evidence such as contract invoices can reflect the transaction parties, time, and content of the contract, and therefore have higher evidentiary value; advertising materials, trade shows, and media reports can demonstrate public use; product packaging, signs, and physical photos can show the combination of trademarks and products. Evidence of a single type is often insufficient. It is best to have contract, invoices, logistics, and physical photos corroborate each other to form a complete chain from contract signing to delivery.

At the third level, the authenticity and publicity of the use are key. The use must be genuine commercial use. Symbolic or evasive use for maintaining registration is generally not recognized. Therefore, the evidence should reflect the commercial substance of the transaction, rather than just internal documents created for preservation purposes. The use must also occur on the approved goods or services, and use beyond the approved scope cannot maintain registration.

Fourthly, pay attention to the norms of licensing use and evidence forms. If a trademark is licensed to others for use, the license contract should be submitted, and if necessary, the filing materials should be submitted to clarify the relationship between the user and the registrant. Promptly entrust professional institutions to notarize or time-stamp easily disappearing evidence such as web pages and e-commerce pages. Henglue Lawyers advise that many "three-year revocation" cases do not lose because of a lack of use, but because of scattered evidence, missing dates or trademark logos. Establishing a trademark use file in advance is far more effective than remedying the situation afterwards.

IV. Practical suggestions and legal basis

First, after receiving the notice of revocation, you should defend your case on schedule and never exceed the deadline. Second, organize the evidence according to the timeline and prepare an evidence list, corresponding to the products or services item by item. Third, prioritize submitting the original receipts with trademark logos and dates, and corroborate them with multiple types of evidence. Fourth, submit the license contract and filing materials for licensed use. Fifth, notarize or preserve the easily disappearing electronic evidence in a timely manner. Main legal basis: Articles 48 and 49 of the Trademark Law of the People's Republic of China; the specific application shall be subject to the currently effective regulations.

5. Henglu Law Firm's Advice

The three key points for defending against a trademark cancellation: the evidence must focus on three aspects: the designated three-year period, the approved products, and actual commercial use, all of which are indispensable; use contract invoices as the basis, and supplement with photos of advertisements, exhibitions, and products to form a complete chain; establish a trademark use file in advance, rather than scrambling to gather evidence when the trademark is revoked. For issues involving intellectual property protection and corporate legal affairs, you can seek assistance through the following channels:Intellectual property protection and corporate lawThe service obtains an overall solution, which involves the sorting of contracts and transaction receipts that can be combined togetherBusiness and contract disputes in enterprisesFor reference, the plates involve the revocation of the decision to provide reliefLand expropriation and demolition, and administrative litigationFor the column, if you need a comprehensive solution, please feel free to consult usSpecial servicesTeam.

VI. Frequently Asked Questions

Q1: What will happen if I don't submit evidence for the three-month withdrawal defense?

The registrant is responsible for proving actual use. If the registrant fails to respond to the challenge within the time limit or provides insufficient evidence, the trademark will be revoked. There are strict deadlines for responding to the challenge. After receiving the notice, the registrant should immediately organize the materials and check the trademark, categories, and approved product or service scope, and avoid any delay.

Q2: Which types of evidence have stronger probative force?

The sales contracts, invoices, delivery notes with trademark logos and dates, e-commerce orders and transaction snapshots, product packaging and photos of the actual products with trademarks, as well as advertising campaigns, exhibition participation, and media reports. When multiple types of evidence corroborate each other and form a complete chain, their probative value is the strongest.

Q3: What is the approximate cost of the "Withdrawing Three Patent Applications" defense?

Generally, the fee is determined based on the number of trademarks, the amount of evidence, and whether notarization is required. It is more common to charge based on the number of cases. If it involves multiple categories or requires additional investigation and evidence collection, the workload and fees will increase accordingly.

Q4: How long does it take from the defense to the announcement of the results?

The review of trademark revocation cases usually takes several months, with the specific duration affected by the case volume and the complexity of the materials. If you are not satisfied with the result, you can apply for a review and enter the administrative litigation process, which will extend the overall duration. It is recommended to evaluate the situation in advance and reserve sufficient time for subsequent procedures.

Q5: Can the trademark be rescued if it has been revoked three times?

First and foremost, it is necessary to submit sufficient evidence of use within the time limit to maintain the registration. If it has been revoked, you can apply for a review or file a lawsuit within the statutory time limit; at the same time, you should evaluate whether to reapply for registration, and immediately standardize the use of trademarks and file management to avoid being revoked again.

The above answer is based on the judicial practice in the Beijing area. The judicial interpretation in other provinces and cities may vary. For specific cases, please refer to the local rules and evidence situation.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, to avoid missing the statutory time limit. →Intellectual property protection legal services·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and public adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If you encounter disputes, please consult a practicing lawyer in time.