Instruction for Evidence Submission for Trademark Use in Mainland China

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2018-09-27

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1. What are the specific manifestations of trademark use on designated commodities?
1. Attach the trademark to the product, product packaging, container, label, etc. by direct attachment, engraving, branding or weaving, or use it on the additional label of the product, product manual, introduction manual, price list, etc.;
2. Trademarks are used in transaction documents related to the sale of goods, including use in sales contracts, invoices, bills, receipts, import and export inspection and quarantine certificates, customs declaration documents, etc.;
3. Trademarks are used on media such as radio, television, or in publicly distributed publications. It is also applied when advertisements are placed for promoting trademarks or commodities with the trademarks in the means of billboards, postal advertisements or any other types;
4. Trademarks are used in exhibitions and fairs, including printed materials and other materials provided on site;
5. Other forms of trademark use that comply with the law.

2. What are the specific manifestations of trademark use on designated services?
1. Trademarks are used directly in service places, including introductory manuals for service, signage for service venues, store decoration, staff clothing, posters, menus, price lists, lotteries, office stationery, letterheads, and other items related to designated services.;
2. Trademarks are used on documents and materials related to services, such as invoices, remittance documents, service agreements, maintenance and repair certificates, etc.;
3. The use of trademarks in media such as radio, television, or in publicly-published publications, as well as advertising by means of billboards, postal advertisements, or other advertising methods for trademarks or trademarks;
4. Trademarks are used in exhibitions and fairs, including printed materials and other materials used in exhibitions and exhibitions;
5. Other forms of trademark use that comply with the law.

3. What are the situations that are not considered to be trademarks use regulated in the China’s Trademark Law?
1. The publication of the trademark registration information or the declaration of the trademark registrant's exclusive right to its registered trademark;
2. It is not publicly used for commercial purpose;
3. It is used only as a gift;
4. It is only used for transfer or licensing without actual use;
5. Symbolic use for the sole purpose of maintaining trademark registration;
6. Only submit the agreements for the sale of goods or provide services, contracts, written testimony, physical evidence that is difficult to identify whether it has been modified, audio-visual materials, website information, physical objects and reproductions.

4. What are the legitimate reasons for not using trademark for three consecutive years?
1. Force majeure;
2. Government policy restrictions;
3. Bankruptcy liquidation;
4. Other legitimate reasons that cannot be attributed to the trademark registrant.

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