In trademark rejection appeal (review) proceedings, applicants often have questions about the form, type and substantive requirements of evidence. China’s Trademark Office (under the China National Intellectual Property Administration, CNIPA) issued a Q&A on key evidence issues in rejection appeals, to help applicants submit valid, complete and properly formatted proof materials. Applicants are responsible for the authenticity, accuracy and completeness of the materials they submit.
1. Why evidence matters in the review stage
After a trademark is refused, review is the key procedure to salvage the right. The review authority examines refusal grounds on a case-by-case basis and “based on the evidence of record”. Whether you can produce evidence supporting your arguments—acquired distinctiveness through use, no likelihood of confusion with the cited mark, instability of the cited mark, or legitimate purpose—directly decides the outcome.
2. Common types of evidence
a. Entity and rights evidence
Business licenses, identity documents, application acceptance notices, registration certificates (if you own the cited mark), assignment or name-change records, proving standing and the relationship to the mark.
b. Use evidence
Contracts, invoices, advertisements, packaging, store photos and e-commerce sales records showing genuine, continuous use on the designated goods/services—especially for “distinctiveness through use” and “no confusion” arguments.
c. Reputation evidence
Awards, industry rankings, media coverage, sales scale and advertising spend, supporting claims of recognition or well-known mark protection.
d. Prior-rights and bad-faith evidence
Invalidation/withdrawal decisions of the cited mark, clues of bad-faith filing, showing the cited mark’s obstacle status should be weakened.
3. Practical points for submission
Be authentic and complete; format materials properly (originals or verified copies); organize evidence around your specific arguments; and observe the supplementary-evidence deadline, since late evidence is generally not considered.
4. Common misunderstandings
“Use alone wins” — use evidence must point to this mark and goods and reach the required threshold. “Last-minute fabrication” — abruptly created evidence is easily found lacking in authenticity. “Ignore the cited mark’s status” — monitoring whether the cited mark is valid or subject to non-use cancellation is often more decisive than mere argument.
Frequently Asked Questions (FAQ)
Q: Can new evidence be submitted during review?
A: Yes, but within the prescribed evidence period and tied to your arguments; late evidence is generally excluded.
Q: What formal requirements apply to use evidence?
A: Materials that reflect the mark, the goods/services, the time and the owner together are stronger—e.g., invoices, contracts, ads or packaging bearing the mark, consistent with the designated scope.
Q: How is authenticity assessed?
A: The authority weighs source, formation time and cross-consistency. Applicants are responsible for authenticity; contradictory or unexplained materials carry little weight.
Q: How to handle entity evidence after assignment or name change?
A: Submit the assignment approval or name-change certificate so the applicant, the mark owner and the evidence remain consistent.
Related services
Before filing, confirm the correct class and similar-group via China’s trademark classification table. For registered marks, set up renewal and enforcement deadline reminders—similar to a patent annuity monitoring approach—to avoid lapse through oversight.
Source
This article is adapted from the China National Intellectual Property Administration, Trademark Office Q&A on key evidence issues in trademark rejection appeals (published 2025/12/31). Original: https://sbj.cnipa.gov.cn/sbj/zcwj/202512/t20251231_37000.html. This article introduces the intellectual property system of the People’s Republic of China (China); please refer to the latest official rules for specifics.
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