News and Information

Forms and requirements of evidence of use,To help everyone gain a deeper understanding;

Common types of false evidence of use,To help everyone distinguish the genuine from the counterfeit;

MediaTek’s lawsuit against Huawei for patent infringement in the UK has entered the judicial process, and neither party has commented extensively on the case itself. This incident once again highlights the patent protection and competitive landscape of technology companies worldwide. In the future, as the case progresses and technology continues to develop, the competitive landscape in related fields may undergo new changes.To help you all make choices with greater clarity.

• the product'sLabel,Packaging,Product photos featuring trademarks,Product display(Product catalog) andExhibition.

  However, no genuine products are provided;

• Types that cannot be used as evidence of product useYesInvoices, bills of lading, purchase orders, brochures, business cards, public publications, flyers, etc.

• Manual for providing services,Advertising and publicityorBusiness card, as well as the above-mentioned forms of evidencePhoto;

• The above evidence form cannot only display the trademark, but alsoMust relate to the services provided.

  
  

  
  

  
  

EyeglassesAffidavitA declaration in the form that the trademark is genuinely used in commerce on all goods/services.

When providing evidence of use, it is often...Only one item of evidence of use is required per class.is sufficient; all of the designated goods/services need not be provided

In principle, the U.S. Patent and Trademark Office accepts evidence of use in paper or electronic form. However, since evidence of use is often submitted via electronic upload, it is preferable to provideJPGFormat of evidence of use. In addition, the United States Patent and Trademark OfficeNo evidence of the actual use of any product is accepted..

• The product shown in the evidence of use must be one of the goods identified in the U.S. application and must not fall outside the scope of the original application;

• If the evidence relied upon contains any text in a language other than English, an English translation must be provided;

• The trademark used in the evidence must be clear and conspicuous and must be identical to the trademark applied for;

• Evidence of use must include genuine photographs of the product, rather than design drawings or promotional photographs.

Temporary websites are websites established by certain applicants to satisfy the Trademark Office’s requirement to display images on a webpage but that have not been put into genuine commercial use. Such websites have the following characteristics:

• The web design is extremely simple;

• The product page displays fabricated sales records and product ratings, with no customer reviews;

• The products are displayed in a disorganized and chaotic manner;
  

• There are spelling or grammatical errors, etc.

  
  

The following figure shows an example of a temporary website:

The Trademark Office will consider most of this type of evidence of use to be inconsistent with actual circumstances and will reject the trademark application, issue an Office Action, and ask the applicant five to six questions about the trademark's use. The applicant must answer each question, which will make the trademark application more complicated.

False orders are orders created by the applicant themselves and cannot reflect actual sales or prove that the product is actually sold in the United States. False orders are one of the types of evidence of use that the Trademark Office severely cracks down on.

The figure below is an example of such a situation:

The reason these orders are being scrutinized is that they do not conform to the sales patterns and consumption habits of general merchandise and consumption scenarios.

Out-of-stock situations are common for Amazon buyers. In practice, products may indeed become temporarily out of stock for reasons such as supply chain issues or scheduling, causing the product page to display the wording “currently unavailable,” as shown below.

Under applicable law, the applicant’s evidence of use must establish that the goods can be transported to and delivered within the United States, thereby demonstrating that the applicant’s trademark has been put into use in the United States and has generated bona fide sales. As illustrated below, where the goods cannot be delivered to the United States, it cannot be established that the trademark has been sold in the U.S. market.

Shipping costs are often one of the factors influencing a consumer’s decision whether to purchase a particular product. If the shipping cost is excessively high, some examiners may consider this an indication that the product is out of stock or that the trademark has not actually been put into use. As illustrated below, the product is priced at $15.99, yet the shipping cost is nearly $10.00, which is not reasonable and gives rise to suspicion.

For the trademark applicant’s own benefit, the purpose of filing a trademark application is to secure registration smoothly. Never cut corners for short-term convenience and create future pitfalls for yourself; moreover,An intention application is a compliant and lawful method of filing..

If you have not yet started using your own brand when filing a trademark application, you are strongly advised to choose an intent-to-use application,No evidence of use is required when filing a trademark application; such evidence is required only after the application has successfully completed the examination and publication periods, which may last six months or longer..

Choose the intended application method.Obtain the trademark acceptance receipt very quickly and register the brand on Amazon (filing). After the filing is successful, you can list branded products on Amazon, obtain real, effective and credible evidence of use and orders, and greatly improve the trademark approval rate.！