Most countries do not have very clear requirements for trademark applications. As long as the seller wants to apply for a trademark, he or she can apply regardless of whether it is used or not. For example, in China, some countries only require an explanation of whether it is used in this country or not. Evidence needs to be submitted, such as in Canada, but it is different in the United States. The U.S. trademark regulations are more detailed and require corresponding evidence or certification.
The United States is a typical country that follows the first-to-use principle. U.S. trademark owners should submit evidence of use on time during the trademark application process or after the trademark is approved for registration to maintain the validity of the trademark. During the trademark application process, if the trademark is applied based on use, the applicant needs to submit evidence of use when submitting the application.
If a trademark application is based on intention, the applicant must submit evidence of use and an oath within 6 months after the trademark passes the substantive examination and announcement period, otherwise the trademark cannot be approved for registration. After a trademark is approved for registration, the Trademark Law stipulates that whether it is a single application trademark or a Madrid application trademark, the owner of the registered trademark based on which application basis must register within the 5-6 years, 9-10 years and Submit evidence of use and an oath within the next 10 years, otherwise the registered trademark will be revoked.
The U.S. Trademark Law has two provisions for submitting an oath of use for the 5th to 6th years: one is to submit the oath of use and evidence of use directly, and the other is to submit an oath of incontestability while submitting the oath of use and evidence of use. . If an incontestable oath is submitted when submitting an oath of use, the registered trademark shall not be revoked due to lack of distinctiveness or prior use.
Submitting an Affidavit of Use in the United States requires evidence of actual use. If it is a product trademark, it needs to provide 3-5 photos to 3-5 photos. If there are actual sales documents, such as orders, links, invoices, etc. If it is a service trademark, you can provide website links, promotional posters, service certificates and other information that can reflect the corresponding services. If the trademark is only used for certain goods or services, the goods or services that are not put into actual use need to be deleted.
The above is a detailed explanation of the trademark use evidence submission system in the United States. I hope it will be helpful to you.