Different from the trademark system in the United States, there is no need to provide use of evidence when filing the trademark application or SOU to obtain the registration in China. Although the applicant doesn’t need to provide the use of evidence when getting the trademark, the trademark owner may also need to provide if someone challenges its trademark by filing cancellation against the trademark. 
 
In some cases, to successfully register a trademark, the applicants file cancellation request to remove the prior trademark. As a trademark owner, if your trademark is challenged and you receive the notification to provide the use evidence, it is better to collect the use evidence as much as possible during the specified time limit designated in the notification.

Why does the trademark owner need to provide the use of evidence?
 
According to Regulations for the Implementation of the Trademark Law, “Upon acceptance of the application, the Trademark Office shall notify the trademark registrant, requiring him to provide evidence to prove the use of the trademark prior to the filing of the application for cancellation, or explain the justifiable reason for its non-use, within two months from the date of receipt of the notification; where no use evidence is provided at the expiration of the time limit or the evidence provided is invalid, and there is no justifiable reason for its non-use, the Trademark Office shall cancel the registered trademark.” 
 
It shows that if the trademark owner does not provide the use of evidence for the trademark within the time limit, CNIPA will cancel the trademark and lost his trademark.
 
What kinds of documents can be used as evidence?
 
The use evidence is the contract, photos, documentation, publications etc. to prove the trademark is used in association with the designated goods/service items, for example
 
I. For the trademarks designated on goods items

 
II. For the trademarks designated on service items

 
But for some evidence, it is weak to prove the use of a trademark separately but would be better to use with other documents to form an evidence chain which with better reliability, for example.
 
1. Sales contract/agreement of goods or service;
2. Written testimony;
3. The physical evidence, audiovisual materials, website information, etc. which is difficult to identify whether the information has been modified;
4. The goods or reproductions.
 
Besides, CNIPA has given a clear announcement that the following use of a trademark would not be deemed to be a legitimate use.
 
a) To publish the trademark information or announce the ownership of the trademark.
b) The use of a trademark is not commercial use in public.
c) To use the trademark on a complementary product.
d) Only to license or transfer the trademark.
e) To use the trademark symbolically to maintain the trademark.
 
To be a qualified use of evidence, it should clearly show the trademark, date and the products firstly, and a strong connection with each evidence would have more reliability to convince the examiner.
 
How to submit the evidence after receiving the notification of trademark cancellation?

Firstly, for the foreign owner of a Chinese trademark, he must entrust a Chinese agency to submit the evidence.
 
Secondly, provide the above-mentioned use evidence which is generated in the designated period to your attorney. The attorney will review the evidence to see if they are well connected between each other and screen out the useful evidence and guide you to collect other information to strengthen the evidence.
 
Thirdly, the attorney will draft the response according to the law and the documentary requirements and then submit to CNIPA before the deadline.
 
In practice, the owner sometimes would not realize the importance to reserve the use evidence, so even if they have real use during the designated period, it is hard to collect within a short time. If so, the owner may consider refiling the trademark application in every three years to avoid such a situation.