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In trademark opposition cases, evidence is your "secret weapon." This is especially true when you want to prove that your trademark has gained a certain level of reputation through use and promotion. So, what kind of evidence should you gather? How should you collect it? How much evidence do you need to significantly increase your chances of success? Let's break it down step by step and tackle it with ease!
1. Types of Evidence: What Evidence Can "Score Points" for You?
Sales Data
This is one of the most direct types of evidence. You can provide sales contracts, invoices, and delivery notes from the past few years to prove that your trademark has been widely used in the market. The larger the sales volume, the higher the brand recognition and the greater the chances of success.
Advertising and Promotional Materials
Advertising is a powerful tool for enhancing brand recognition. You can gather the following materials:
- Online ads: Such as promotion records on platforms like Google, Baidu, Taobao, JD.com, and TikTok.
- Offline ads: Such as subway ads, TV commercials, outdoor ads, etc.
- Media reports: If your brand has been covered by news media, be sure to save these reports.
User Feedback and Reviews
User reviews are "live evidence" of brand recognition. You can collect:
- User reviews on e-commerce platforms (like Taobao, JD.com).
- User discussions on social media (like Weibo, Rednote).
- Consumer survey questionnaires or satisfaction reports.
Awards and Recognitions
If your brand or product has received industry awards or certifications, such as "Consumer Trusted Brand" or "Top Ten Industry Brands," these can be submitted as evidence.
Market Research Reports
If you have professional market research reports proving that your trademark has high market recognition in the relevant field, it will be an added advantage.
2. How to Collect Evidence? Easy Steps to Follow!
Accumulate from Daily Operations
Develop a habit of saving materials regularly. For instance, every time you sign a contract, issue an invoice, or run an ad, remember to keep electronic or paper copies.
Utilize Third-Party Platforms
Many types of evidence can be obtained through third-party platforms. For example:
- Sales data from e-commerce platforms can be exported from back-end systems.
- Advertising records can be obtained from advertising agencies.
- Media coverage can be found through search engines or news platforms.
Hire Professional Agencies
If you find gathering evidence too cumbersome, you can hire professional trademark agencies or law firms. They have the experience and know which evidence is most effective, and they can help you organize it into a legally acceptable format.
3. Quantity of Evidence: How Much is Enough?
The quantity of evidence required varies depending on the legal provisions applicable to the opposition case. Moreover, more evidence isn't always better; the key lies in "quality" and "relevance." Generally speaking:
- Sales Data: Provide data from at least the past three years, ideally covering sales in at least ten provinces or cities in China.
- Advertising: Provide at least 5-10 records from different advertising channels, such as online, offline, and social media.
- User Reviews: Collect over 100 user reviews, ideally from different platforms.
- Awards: Provide at least 2-3 significant awards.
- Market Research Reports: 1-2 professional reports will suffice.
The evidence should form a complete "chain of evidence".
4. Case Study: How Evidence Can "Turn the Tide"
In the case where BULGARI S.P.A. (the opponent) successfully prevented Sichuan Jingmingxing Jewelry Co., Ltd. from registering the "BALGA" trademark, Bvlgari submitted the following key evidence:
1. Recognition of the Cited Trademark: BULGARI provided multiple previously registered trademarks (like "BVLGARI") and proved these trademarks have high recognition in the jewelry field.
2. Trademark Similarity: Bvlgari pointed out that "BALGA" and "BVLGARI" are similar in letter combination and overall appearance, which could cause confusion.
3. Similarity of Goods: Both trademarks involved Class 14 goods (such as jewelry, precious metals), further increasing the likelihood of confusion.
With this evidence, Bvlgari successfully proved that the "BALGA" trademark was similar to its well-known trademark and likely to cause consumer confusion, leading to the trademark office deciding not to register the "BALGA" trademark.
5. Summary: Tips for Collecting Evidence
1. Prepare Early: Regularly save relevant materials and don't wait until the last minute.
2. Focus on Quality: It's not about the quantity but the quality of evidence that can directly prove the trademark's recognition.
3. Seek Professional Help: If you find it cumbersome, consider hiring professionals for more effective results.
In conclusion, trademark opposition cases are not daunting. With ample evidence, you can greatly increase your chances of success. Start gathering your "arsenal" now!
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
