In today's protection of trademark rights, the continuous use of a trademark is key to maintaining its legal validity. According to the Trademark Law, if a registered trademark has not been legitimately used for three consecutive years, any entity or individual can apply for its cancellation. In such administrative litigation cases, the recognition of evidence of use becomes critical. This article will explore the types and requirements of evidence in trademark cancellation cases, including the evaluation of authenticity, timeliness, relevance, and the legal procedures involved, with the aim of providing guidance for judicial practice.

1. Types and Requirements of Evidence of Trademark Use

In administrative litigation cases regarding the cancellation of trademarks due to non-use for three years, the type and requirement of evidence play a decisive role in the judgment. The evidence must be real, valid, and lawful, clearly demonstrating the actual use of the trademark within the specified period. Additionally, the evidence must contain time stamps that explicitly show the use occurred within the three-year period prior to the submission of the cancellation application. The evidence should also display the trademark logo and the name of the user to allow for comparison. Common forms of evidence include products, packaging, invoices, transaction receipts, and advertising materials, which should together form a cohesive chain of evidence.

2. Evaluation of the Authenticity of Evidence of Use

In trademark cancellation cases, the authenticity of evidence is the core of the review. Courts typically focus on several aspects: first, for copies, scans, or other non-original evidence, verification of authenticity through other supporting evidence is required. Second, for evidence issued by official entities, such as invoices, verification through official channels is necessary to prevent forgery. Lastly, for evidence of transactions between related companies, the probative value is relatively weak, and courts will cautiously examine such evidence to rule out the possibility of sham transactions.

3. Evaluation of the Timeliness of Evidence of Use

Timeliness is a crucial aspect of trademark cancellation cases. When reviewing the evidence, courts must ensure that the time stamps on the evidence are clear and accurate, and that the evidence pertains to the use of the trademark within the three-year period prior to the cancellation application.

4. Evaluation of the Relevance of Evidence of Use

The relevance of the evidence to the trademark in question is another key factor in the trial. The evidence must be directly related to the trademark at issue and demonstrate its actual use during the specified period. Courts should examine whether the trademark logo and the user’s name on the evidence match the disputed trademark, ensuring the evidence genuinely reflects the trademark's use.

5. Legal Procedures and Provisions

Trademark cancellation cases involve a series of legal procedures and provisions. According to the Trademark Law, the Trademark Office must issue a decision within nine months of receiving a cancellation application, which can be extended by three months if necessary. The Trademark Office will investigate the trademark's usage and decide whether to cancel it. Trademark registrants dissatisfied with the decision may file an administrative lawsuit in accordance with the law.

6. Conclusion

The recognition of evidence in administrative litigation cases for trademark cancellation due to non-use for three years is a complex yet crucial process. Courts, when reviewing evidence, need to focus on its authenticity, timeliness, and relevance, while adhering to legal procedures and provisions. Ensuring the effective use of trademarks is essential to maintaining fair competition in the market. At the same time, trademark registrants should pay attention to the actual use of their trademarks and carefully preserve relevant evidence to mitigate the risk of cancellation.