[Direct answer]In the Beijing area, the core of the defense against the request for revocation of a registered trademark is to prove "authentic, open, and legal commercial use". According to Article 49 Paragraph 2 of the Trademark Law of the People's Republic of China, if a registered trademark is not used for three consecutive years without justifiable reasons, any unit or individual may apply for its revocation. The defense must submit a revocation application to the China Intellectual Property Administration within two months from the date of receipt of the notice, providing evidence of use within the past three years or explaining the justifiable reasons for non-use. There are five main types of evidence: sales contracts and invoices, advertising and placement records, product samples and packaging, online and offline transaction records, and exhibition and award materials. It is important to note the four review criteria: "consistent logo, corresponding products, continuous time, and relatable entities".

1. Problem background and typical scenarios

In order to clear obstacles, competitors file a third-party cancellation request for their own trademarks that have been registered for three years; the company only finds out after receiving the notice—they have actually been using the trademark all along, but the invoices are issued under the subsidiary's name, the packaging uses a variant logo, and the advertising campaigns are handled by a third-party operator. The evidence is scattered everywhere. The outcome of the third-party cancellation defense is already half decided by the daily evidence management before receiving the notice.

II. Key points of contention

First, the criteria for determining commercial use. Second, the organization and review standards for the five types of evidence. Third, the effectiveness of licensed use and logo modification. Fourth, legitimate reasons for non-use and subsequent remedies.

III. Professional analysis by Henglue Law Firm

The first layer is the criteria for determining use: According to Article 48 of the Trademark Law of the People's Republic of China, trademark use refers to the use of a trademark on goods, packaging or containers, as well as transaction documents, or the use of a trademark in advertising, exhibitions, and other commercial activities to identify the source of the goods—the three key words are commercial activities, publicity, and identifying the source. Sporadic use on internal documents or gifts, or symbolic use (for maintaining registration through a small number of transactions) may not be recognized. The review authority focuses on real and continuous commercial use. The second layer is the organization of five types of evidence: First, sales evidence—purchase and sales contracts, VAT invoices, orders, and logistics documents. The review criteria are that the invoice header matches the trademark registrant (or licensee), the invoice indicates the trademark or corresponding products, and the time period covers the revocation review period. Second, promotional evidence—advertising contracts and invoices, advertising schedule and screenshots (retain platform backend data), and media reports. Third, physical evidence—products with logos, packaging, labels, and certificates. Notarized purchases of the company's own products are a powerful tool for fixed evidence. Fourth, transaction records—sales data and payment records from e-commerce platforms, noting the need for corroboration with contracts and invoices. Fifth, exhibitions and awards—exhibition contracts, booth photos, and industry awards. The organizing principle is: multiple pieces of evidence but weak standalone evidence. The authority focuses on the mutual corroboration and temporal continuity of the evidence chain. This case was handled by Beijing Henglu Law Firm.Liu YuanyuanThe attorney (practice license number: 11101202011201094, subject to the document issued by the judicial administrative authority) acts as the agent. On the third level, there are two high-frequency points of losing points: First, licensed use—licensed use can be considered as the registrant's use, but the license contract must be signed (filing is not a prerequisite for effectiveness, but it facilitates evidence collection), and the licensee's use can be traced back to the registered trademark. Second, altering the logo—if the variations such as abbreviations or suffixes used in actual practice differ little from the registered trademark, they can generally be recognized as use; however, alterations that significantly change the distinctive features (changing the font to the point of unrecognizability or replacing the core graphics) may not constitute use of the registered trademark. On the fourth level, regarding legitimate reasons and remedies: Legitimate reasons for non-use include force majeure, government policy restrictions, and bankruptcy liquidation, which require sufficient evidence. For remedies in case of unfavorable responses to defenses: After the trademark is revoked, an application for review of the revocation decision can be made. If the review is unfavorable, an administrative lawsuit can be filed with the court. The legal process is lengthy, but rights can be protected. Reverse compliance advice: After registering the trademark, establish a system for archiving evidence of use (collect invoices, advertisements, and physical photos annually). After three years, conduct self-inspections instead of passive responses. Revocation requests typically arise in two scenarios: when the trademark is idle or when competitors maliciously clear obstacles. Evidence archiving is a solution to both situations.

IV. Practical suggestions and legal basis

The first step is to immediately check the review period and collect evidence after receiving the notice of revocation within three months, and submit a defense within two months; the second step is to organize the evidence into five categories, highlighting the continuity of time and the relationship with the main subject; the third step is to have the agent specifically demonstrate the issues of variant marking and licensed use; the fourth step is to initiate the review of unfavorable results and administrative litigation on schedule. The main legal basis: Articles 48 and 49 Paragraph 2 of the Trademark Law of the People's Republic of China, and the provisions on the revocation defense procedure in the Implementing Regulations of the Trademark Law of the People's Republic of China; the specific application shall be subject to the currently effective provisions.

5. Henglu Law Firm's Advice

Three key points for defending against a trademark infringement lawsuit: authentic, open, and continuous commercial use is the only solution; symbolic use won't save the situation; invoices, advertisements, and physical products provide three lines of evidence, but even multiple pieces of evidence alone are insufficient; archive the evidence annually, and don't wait until your opponent submits a request for trademark cancellation before digging it out of your drawer. For matters involving trademark ownership and protection, you can seek assistance through the following channels:Intellectual property protection and corporate lawThe service provides a comprehensive solution, which can be combined with the defense and offense against trademark infringement.Business and contract disputes in enterprisesFor plates, those involving unfair competition can be referred to for reference\nFinancial capital and cross-border transactions involving foreign entities.The cross-border brand protection in this field, involving the layout of intellectual property, is worth paying attention toSpecial servicesFor those interested in the field, please feel free to inquire about our annual compliance solutions.Creditor's rights and debts, and enforcement.

VI. Frequently Asked Questions

Q1: How long do I have to prepare for the defense after receiving the notice of withdrawal of the third-party opposition?

Within two months from the date of receipt of the notice, the applicant shall submit evidence of use or explain the legitimate reasons for non-use. If the applicant fails to respond within the time limit, the Trademark Office may revoke the registered trademark.

Q2: Does the use of subsidiaries or distributors count as my own use?

It's okay — the use authorized by the registrant can be considered as the registrant's use, but it must be supported by a licensing contract, and the use behavior must be traceable to the registered trademark; for pure resale without indicating the source, it's necessary to carefully organize the evidence.

Q3: The actual logo used is not exactly the same as the one registered. What should I do?

Generally, minor differences that do not significantly alter the distinctive features of a product can be accepted. However, for products with major differences, it is recommended to register the variant separately and provide a special demonstration of the correspondence between the actual usage form and the registration certificate.

Q4: If the trademark has never been used, is there still a chance of salvation?

The legitimate reasons for not using the evidence (policy restrictions, force majeure, liquidation); if the evidence is not valid, the trademark will be revoked, and the owner can go through the revocation review and administrative litigation, but the success rate is limited. Prevention is the fundamental solution.

Q5: If the request to withdraw three claims is rejected, will the other party try again?

Yes, it's possible. A request for withdrawal of trademark registration can be submitted repeatedly. However, if the trademark has not been used for three consecutive years during the registration period, it may be subject to another attack. The only long-term solution is to continue using the trademark and archive the relevant evidence.

The above Q&A is mainly based on the judicial practice in the Beijing area. There may be differences in the adjudication guidelines in different regions. It is recommended to consult a professional lawyer based on the specific circumstances of the case.

If you are currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant 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.