Key Changes in China’s Trademark Use Evidence Standards

Overview

China is tightening requirements for proving trademark use in non-use cancellation cases. New laws, court guidelines, and administrative practices demand stronger, more credible evidence of real commercial use. Over half of recent non-use cases resulted in cancellations due to insufficient evidence.

What’s Changed

• Higher Evidence Standards: Authorities now require robust, verifiable documentation. Electronic evidence must be authenticated—un-notarized online content and unverifiable payment records are often rejected.
• Comprehensive Proof Needed: Isolated documents are not enough. Evidence must show the full commercial lifecycle, from production and distribution to actual market presence. For exports, customs declarations must be paired with release certificates.
• Exact Mark Use: The registered mark must appear exactly as registered and function as a source identifier for the specified goods or services. Even minor deviations can lead to cancellation.

Industry and Practical Guidance

• Industry Flexibility: Courts may accept less formal evidence in industries with unique practices, but commercial reality must be clear.
• Best Practices: Keep systematic records across production, sales, and promotion. Use technology like blockchain and QR-authenticated invoices to ensure evidence integrity. Trademarks should be prominently and consistently displayed.

Recommendations

• Set up dedicated evidence management processes and conduct regular audits.
• Prepare for new legal requirements with compliant documentation and proactive risk management.
• Focus on marks with real commercial use.

Bottom Line

China’s evolving standards mean companies must be diligent in collecting, authenticating, and preserving evidence of trademark use. Strong, systematic documentation is now essential to protect trademark rights and avoid cancellations.

How We Can Help

If you have trademarks in China and are concerned about their use or ongoing protection, please contact the Trademark Group at Honigman. We have extensive experience assisting clients with trademark protection in China and work closely with a trusted network of associates in China to ensure your rights are safeguarded.