[Direct answer]In the Beijing area, evidence of trademark use should be systematically preserved during daily operations, rather than being provided as a last-minute remedy after a request for "three-year revocation". According to Article 48 of the Trademark Law of the People's Republic of China (amended on April 23, 2019 and implemented on November 1, 2019), trademark use refers to the act of using a trademark on goods, product packaging or containers, transaction documents, or in commercial activities such as advertising and exhibitions to identify the source of the goods. It is recommended that enterprises establish trademark use archives, and annually preserve contracts and invoices, product packaging, advertising and exhibition materials, and fix them in the name of the registrant to ensure that they can quickly retrieve authentic and continuous evidence of use during the defense against the "three-year revocation" and rights protection. For more details, please refer to the following link:Intellectual property protection and corporate legal services.

I. Problem Background and Typical Scenarios

Many companies prioritize trademark re-registration over actual use and leave no evidence until they face the risk of trademark cancellation. Typical scenarios include: e-commerce sales where orders are separated from trademark images and cannot be matched; advertisements that fail to display the approved trademark; associated companies using the trademark without filing a license; missing old certificates after packaging updates; and failure to retain customs declaration and labeling materials for exported goods. If no evidence is preserved on a daily basis, companies will only be able to provide symbolic evidence during the defense process, making it extremely easy to lose the trademark. For cases involving authorization arrangements, relevant evidence can be combined with other materials to strengthen the defense.Business and contract dispute resolution services for enterprisesRegulate the licensing relationship.

II. Key points of dispute

There are three core challenges in preserving evidence. First, correspondence: the evidence must be able to link the specific registered trademark design to the approved products. Evidence that is vague or inconsistent with the design is invalid. Second, continuity: the use of the trademark must be continuous within the specified period. Sporadic or occasional symbolic use is difficult to be recognized. Third, subject compliance: the trademark must be used under the name of the registrant or a clearly registered licensee. Many enterprises in Beijing have suffered losses due to the lack of records of related transactions and the failure to include trademarks on invoices. It is recommended to integrate "evidence preservation" into daily sales and promotion processes rather than addressing it as an afterthought. For comprehensive protection of rights, you can refer to the relevant guidelines.Beijing Hengluo Law FirmA list of practical tasks to be completed.

III. Professional analysis by Hengluo Law Firm

Taking a trademark infringement and unfair competition case handled by our firm as an example, we can see the value of evidence organization in protecting a company's intellectual property. The plaintiff, Company A, is a well-known paper company. The "EFGH" trademark is approved for use in Category 5 sanitary napkins and has been recognized as a well-known trademark in multiple regions. The defendant, Company B, was authorized by a third party in September 2023 to use the "EFGK" trademark and design patent to produce and sell "EFGK" sanitary napkins, which were sold on Company C's e-commerce platform. In April 2024, Company A sued for imitating a well-known trademark and causing packaging and decoration confusion, demanding compensation of 980,000 yuan. Company B entrusted Attorney Liu Yuanyuan of Beijing Henglu Law Firm to defend against the allegations, arguing that the logo was legally authorized, did not resemble the well-known trademark, and the packaging and decoration did not constitute unfair competition. The court partially accepted the defense, finding trademark infringement but rejecting unfair competition. It ordered Company B to compensate for economic losses of 50,000 yuan and reasonable expenses of 10,000 yuan, totaling 60,000 yuan, a reduction of more than 920,000 yuan from the original claim of 980,000 yuan. This case was handled by Beijing Henglu Law Firm.Liu YuanyuanThe lawyer (practice license number: 11101202011201094, subject to the certificate issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

The core basis is Article 48 (Definition of Trademark Use) and Article 49 Paragraph 2 (Revocation for Non-Use for Three Consecutive Years) of the Trademark Law of the People's Republic of China (amended on April 23, 2019 and implemented on November 1, 2019); as well as the provisions on the submission of evidence of use in the Implementing Regulations of the Trademark Law of the People's Republic of China. Practical suggestions: File sales contracts and invoices (indicating the trademark and products) annually; submit photos of the actual product packaging; record advertising campaigns and exhibitions; and take screenshots of e-commerce pages. Prepare contracts and registration documents for licensed use; establish a usage ledger, indicating the trademark, products, and usage period. For trademark layouts, it can be combined with other measures.Intellectual property protection and corporate legal services.

5. Hengluo Law Firm's Reminder

Leaving a trace is not just about "storing an image", but about forming a closed-loop chain of evidence of use. Enterprises should avoid three common loopholes, including inconsistencies between the trademark design and the registration certificate, invoices without trademark information, and misplacement of the entity using the trademark. Defensive trademarks also cannot be "registered and then ignored". At a minimum, they must maintain genuine use. It is recommended to conduct a self-check of trademark use once a year and promptly address any gaps that are discovered. If necessary, standardized files can be established with the help of relevant tools.Special services and other case services.

VI. Frequently Asked Questions

Q1: If I usually collect evidence, can I definitely win if I'm dismissed three times?

The probability of trademark registration being approved is high if the evidence is sufficient, continuous, and consistent with the timeframe, but it's not absolute. The Trademark Office will also review the authenticity of the use and its relevance to the products. If the evidence points to non-approved products or merely symbolic use, the registration may still be revoked. Lawyers will help you keep records in accordance with the defense standards in daily operations and build a solid evidence chain, but they won't make unrealistic promises about the outcome, as the final decision will be made by the administrative authorities based on the evidence.

Q2: What specific materials are required to retain evidence of trademark use?

It is recommended to file the documents by category: sales contracts and corresponding invoices (indicating the trademark name and approved products); physical samples or high-definition photos of product packaging and labels; advertising contracts, display pages, and exhibition materials; screenshots of e-commerce stores and product detail pages; license use contracts and filing certificates; customs declaration forms and inspection and quarantine documents (for export cases). All materials should reflect the registered trademark images, approved products, and specific periods, and be submitted in the name of the registrant or a compliant licensee.

Q3: How much does it cost to hire a lawyer to help build a trademark file?

The trademark usage file is part of the enterprise's regular legal counsel or special service content, and the fees are negotiated based on the depth of the service. It is commonly charged on an annual basis or per project, subject to the specific provisions of the contract, with no nationwide standard pricing. Compared with the hidden costs of having a trademark revoked, re-registered, or protected, the investment in daily filing is usually lower. It is recommended to clarify the scope of trademark quantity and retention frequency with the law firm to avoid subsequent unclear expectations.

Q4: How long should I keep the evidence of trademark use?

The "Three-stage Review" reviews the use of the trademark within the past three years prior to the filing of the cancellation application. Therefore, at least three consecutive years of evidence should be retained on a rolling basis. To deal with the review, litigation, and multiple rounds of the "Three-stage Review", it is recommended to archive them on a long-term and annual basis and not to destroy them arbitrarily. The risk of a trademark being used for more than three years is the highest. Enterprises should regard leaving evidence as a continuous action and consolidate it once a year to ensure that the materials corresponding to any challenge period can be retrieved at any time.

Q5: I want to start standardizing my document retention now. What should I do first?

Here are the four steps suggested: 1. First, inventory the trademarks under your name and the approved products, and prepare a list of items requiring record-keeping. 2. Second, ensure that the trademark designs are consistent with the registration certificates, and standardize the invoices and contracts to include the trademark information. 3. Third, establish a usage record book on an annual basis, collecting contracts, packaging materials, advertisements, e-commerce records, and licensing materials. 4. Fourth, conduct an annual self-audit to identify any gaps in usage and promptly reinforce or adjust strategies as needed. For matters involving licensing and legal protection, you may delegate this task to a lawyer to embed the record-keeping process into your company's compliance procedures.

The above content is based on the compilation of judicial practices in the Beijing area. The facts of individual cases and the jurisdiction of the court may affect the conclusions. Welcome to consult Henglu Law Firm for specific cases.

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·Attorney Liu Yuanyuan·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. In case of disputes, please consult a practicing lawyer in time.