What information do I need to provide for the three year non use defense of trademark cancellation?

Evidence of the use of the trademark within three years prior to the date of non-use of the three years is required, including the use of the trademark on goods and advertisements. Note that the evidence should be time-sensitive and credible, and it is difficult to pass the evidence that the real use is on the commodity but does not reflect the time, and the receipt and delivery note that has time but are not credible are difficult to pass. It is best to have a sales invoice for a specified period of time or a newspaper advertisement with a publication date, or some evidence that is not strong to form a chain of evidence to increase credibility.

1) History of the use of the trademark (such as company brochures, business cards, envelopes, etc.);

2) Sales and promotion of goods and services used in the trademark (such as invoices, remittance documents, service agreements, maintenance certificates, etc.);

3) The use of the trademark on radio, television, etc., or in public publications, as well as advertising for the trademark or services using the trademark by means of billboards, postal advertisements or other advertising methods;

4) The use of the trademark in exhibitions and expositions, including printed materials and other materials for the use of the trademark provided at exhibitions and expositions;

Wait a minute. It is to prove that you have used this trademark in the past 3 years.

The Trademark Office stipulates that a trademark that has not been used for three years will be revoked. Generally, the Trademark Office will not deliberately make a search.

However, if the registered trademark has not been used for three consecutive years, any person can apply to the Trademark Office of the State Administration for Industry and Commerce for cancellation of the registered trademark, and after the State Trademark Office accepts the cancellation application, it will send a letter to notify the registrant to provide evidence of use within the statutory time limit, and if it fails to provide it in time, the trademark will be revoked.

Legal analysis: According to the provisions of relevant national laws and regulations, if someone files an application for cancellation of a trademark for three years, the evidence provided by the trademark owner must be within three years before the date of the application for cancellation of three-year non-use. If the trademark needs to be used every two years, the evidence needs to be retained.

Legal basis: Article 49 of the Trademark Law of the People's Republic of China If a trademark registrant changes the registered trademark, the name and address of the registrant or other registration matters in the process of using the registered trademark, the local administrative department for industry and commerce shall order it to make corrections within a time limit; If the trademark is not corrected within the expiration of the period, the Trademark Office shall cancel the registered trademark. If a registered trademark becomes the generic name of the goods approved for use or is not used for three consecutive years without justifiable reasons, any unit or individual may apply to the Trademark Office for cancellation of the registered trademark.

The Trademark Office shall make a decision within nine months from the date of receipt of the application. If there are special circumstances that need to be extended, it can be extended for three months with the approval of the administrative department for industry and commerce.