If you are at a puzzle as to provide evidence of trade mark use/reputation in China, either for oppositions to fight squatted trade marks, or to defend a non-use cancellation action, the following is a good summary of the types of evidence that the right holder might seek to explore and submit to the trade mark office;
Sales contract, invoice, bill of lading, bank receipt, document for export and/or import, and other commercial documentation, evidencing the use of the trademark in respect of the goods/services designated in Mainland China;
Materials demonstrating the area of sale, locations of points of sale and means of sale of the goods/services bearing the trademark in Mainland China;
Promotional materials for the trademark in Mainland China, such as advertisements, comments, editorials in/on radio broadcasting, films, TV programs, newspapers, periodicals, internet, outdoor signboards, posters and etc.;
Materials evidencing the performance of the goods/services bearing the trademark in trade fairs or exhibitions in Mainland China;
Materials showing the first use and consecutive use of the trademark in Mainland China;
Photocopies of certificates of registration of the trademark in Mainland China, the Home Country and/or other jurisdictions which are main trade regions;
Documents proving that the trademark has been recognized as well-known or famous trademark by the authorities in Mainland China or other jurisdictions, as well as materials showing the extent of infringement on the trademark in Mainland China;
Report on assessment of the value of the trademark as an intangible asset issued by qualified assessment organization in Mainland China;
Statistics demonstrating the sale, revenue, income and advertising expenditure in connection with the goods/services bearing the trademark in Mainland China, as well as ranking in the relevant industry, published or issued by authoritative organization;
Honours or awards for the trademark, preferably in Mainland China
Promotional materials for the trademark in Mainland China, such as advertisements, comments, editorials in/on radio broadcasting, films, TV programs, newspapers, periodicals, internet, outdoor signboards, posters and etc.;
Materials evidencing the performance of the goods/services bearing the trademark in trade fairs or exhibitions in Mainland China;
Materials showing the first use and consecutive use of the trademark in Mainland China;
Photocopies of certificates of registration of the trademark in Mainland China, the Home Country and/or other jurisdictions which are main trade regions;
Documents proving that the trademark has been recognized as well-known or famous trademark by the authorities in Mainland China or other jurisdictions, as well as materials showing the extent of infringement on the trademark in Mainland China;
Report on assessment of the value of the trademark as an intangible asset issued by qualified assessment organization in Mainland China;
Statistics demonstrating the sale, revenue, income and advertising expenditure in connection with the goods/services bearing the trademark in Mainland China, as well as ranking in the relevant industry, published or issued by authoritative organization;
Honours or awards for the trademark, preferably in Mainland China
No comments:
Post a Comment