After the successful registration of a US trademark, it was withdrawn. Lawyer Shen Jinlong explained how to build the evidence chain of defense that has not been used for three years, and what are the differences in the procedures between the Trademark Office and TTAB

Being revoked does not mean that the trademark has been lost, but if you cannot provide real evidence of commercial use within the three years prior to the revocation application date, USPTO will assume that you have abandoned the registration and directly revoke it. The core of defense is not to plead injustice, but to present a chain of interconnected evidence to the examiner and the opposing lawyer. Lawyer Shen Jinlong (Shenzhen Zhiming Law Firm) has handled a large number of cases involving cross-border e-commerce sellers in Shenzhen, and the conclusion is very direct: whether the evidence chain is set up correctly is more important than how much evidence you have.

First, determine which shot the opponent fired: Section 8, Section 15, and Section 14 are three different paths

Trademark revocation in the United States is not a process. There are three common types: the use declaration under Section 8 of the Trademark Law that must be submitted in the 5th to 6th year after registration, failure to submit or submission of false information, and USPTO's voluntary withdrawal; Section 15 is to take the path of 'uncontroversial', once obtained, many reasons cannot be used to attack you anymore; The revocation initiated by a third party mostly falls under Section 14, citing reasons such as "not using for three consecutive years after registration" or "fraud at the time of acquisition". The time nodes, burden of proof, and jurisdiction of these three paths are all different. Answering them together is like digging a pit for oneself. By the way, how valuable is it to make a trademark undisputedHow valuable is it to make a trademark undisputed? US Section 15I have already elaborated on it, so I will not repeat it here.

How to calculate 'not used for three years': the starting point is not the registration date, but three years before the revocation application date

Many people think that 'if I keep using it after registering, there won't be any problems' when they first encounter it. In practice, the examiner looks at the accused paragraph: based on the date of filing the revocation application (or an earlier date claimed by the other party), three years ahead. Within these three years, you must prove genuine use in commerce on "related goods or services" and in "US commercial activities". Pay attention to two qualifiers - related products and American business. If you ship to American consumers in Shenzhen, it counts as listing on Amazon US and generating real transactions; But if it is only sold domestically in China, only samples are made, and only packaging is printed, it usually does not count. If one of these three elements is missing, the entire chain of evidence will be broken.

The first layer of the evidence chain: the timeline should be self evidential and not rely solely on words

The first step in building an evidence chain is not to find the invoice, but to pin the timeline. Each piece of evidence must be able to independently display a date that falls within the three-year window of the accused. The order screenshot should include the order number, order time, and shipping address in the United States; Invoices should be able to correspond to specific SKUs and trademark designs; Website pages need to be archived using Wayback Machine or third-party screenshots with timestamps. If the screenshot is taken by oneself and the other party says' can be forged ', it may be questioned. When we make a list of evidence for our clients, we generally recommend arranging it by month and leaving at least one piece of evidence that can be independently established each month. We would rather have less evidence than more evidence. In terms of case caliber, isolated and unverifiable documents have limited persuasiveness, which does not represent the outcome of individual cases. It depends on the category of goods and the density of evidence.

The second layer of the evidence chain: the trademark must "appear in the goods or packaging or sales scene"

Just having sales records is not enough. The use in the sense of the Trademark Law requires the establishment of a recognizable connection between a trademark and goods or services. Product photos, packaging photos, hang tags, user manuals, main images and A+pages of Amazon listings, and product detail pages of independent websites can visually display how trademarks are attached to products. If the trademark only appears on the invoice header but never in the product image, the opposing lawyer can easily argue that this is a 'token use'. Cross border sellers should pay special attention to: Amazon listing screenshots should be able to display ASIN, brand name, and listing time, preferably accompanied by brand registry records in the background. This proof is stronger than just a screenshot.

The third layer of the evidence chain: adding the link of "American business"

Many sellers from Shenzhen and Guangzhou are stuck here. The goods are shipped to the overseas warehouse in the United States, and the money is settled through a third-party payment platform with several layers in between. To prove 'use in US business', materials that can be used include: shipping records within the US, US customs import records, sales reports from local US platforms, evaluations from US consumers, contracts and statements from US distributors. If only RMB is credited to the payment flow and the corresponding relationship with the US transaction cannot be seen, additional explanation is required. This layer cannot be filled, even if the first two layers are beautiful, they may still be judged as unused. How to fight cross-border rights protection as a whole? You can refer to itShenzhen enterprises engage in cross-border rights protection of European and American trademark patents. Lawyer Shen Jinlong will provide a report in 2026The ideas are interconnected.

The response deadline is only 3 months, it can be extended but it will cost money. Don't delay until the last minute

After receiving the revocation notice, the deadline for submitting a response to USPTO is usually 3 months, and an extension can be applied for, but official fees must be paid, and the extension is not unlimited. If the case later enters the adversarial process of TTAB (Trademark Trial and Appeal Board), the timetable is another set: TTAB has a dedicated Trial Order, and there are hard milestones for defense, discovery, and testing period. Missing one of them may result in default defeat. Here we need to distinguish: USPTO examiners review your Section 8 declaration in unilateral proceedings, and TTAB reviews revocation in adversarial proceedings, which are two sets of rules. The former leans towards administrative review, while the latter is closer to litigation, with stricter rules of evidence and possible arrangements for oral hearings. We usually advise clients to finalize their evidence list and response strategy within the first week of receiving notification, rather than waiting until the 80th day to take action.

The procedural differences between TTAB and the Trademark Office: jurisdiction, evidence presentation, and appeal pathways are all different

Simply put, the Trademark Office (USPTO Examination Department) handles unilateral affairs related to registration maintenance, such as the submission of Section 8 and Section 9; TTAB deals with disputes between both parties, such as cancellations and oppositions. TTAB's ruling can be appealed to the Federal Circuit Court of Appeals (CAFC) or pursued through civil litigation in federal district courts, choosing one of two options. In terms of the standard of proof, TTAB will conduct evidence disclosure, and both parties can request the other party to provide documents, conduct questioning, and even collect evidence; The Trademark Office basically reads whatever you submit. The differences in programs directly determine whether you should hire a local lawyer in the United States or make an expert declaration. If the program is used incorrectly, no matter how strong the physical reasons are, it is useless.

A few practical suggestions that can save a lot of wasted money

Firstly, after registration, do not treat the evidence of use as waste paper. Archive it quarterly and store pictures, orders, and invoices in separate folders. It is best to have a cloud backup with a timestamp. Secondly, it is indisputable whether to take Section 15 before the five-year milestone evaluation. If possible, take it, as the defense cost is much lower. Thirdly, when receiving a revocation notice, first look at the date range claimed by the other party, and then backtrack whether you have any hard evidence during those three years. If not, consider settling or reapplying as soon as possible, don't force yourself. Fourthly, cross-border transaction documents should be kept in English and US dollar format as much as possible to reduce translation and interpretation costs. Fifth, regarding the designation of the United States by Madrid, there is another layer of procedure that can be comparedWho will take care of the rejection of the Madrid trademark designation country? After Lawyer Shen Jinlong's conversation in 2026Look at the path inside. When dealing with such overseas trademark affairs in Shenzhen, Lawyer Shen Jinlong (Shenzhen Zhiming Law Firm) usually breaks down the evidence chain into three lines: "time, product, and region" and scores them separately. The weaker line is added first, so that the response is more focused. For similar cross-border intellectual property issues, such as how to deal with alleged infringement, please refer toShenzhen cross-border e-commerce accused of patent infringement, lawyer Shen Jinlong discusses how to respond to the lawsuit and reach a settlementThe annual fee rules in Europe are a different logic, which can be referred toThe annual fee for European patents must be paid separately in each designated country, and the consequences of failure to pay will be subject to the agency rules once.

In conclusion

The revocation of US trademarks is futile, panic is useless, the evidence chain is the hard currency. Timeline, product attachment, and US commerce are three layers. If one layer is missing, it is necessary to come up with a reinforcement plan in advance, and not wait until the last few days of the response deadline to find someone. By distinguishing between the Trademark Office and TTAB in terms of procedures, and grasping the "three-year window" and "related products" in terms of entities, the chances of winning are in one's own hands. Shenzhen Zhiming Law Firm has been handling overseas intellectual property affairs for a long time. When encountering specific cases, it is recommended to undergo evidence examination as soon as possible.

Lawyer Shen Jinlong, Shenzhen Zhiming Law Firm, consultation hotline: 0755-25986969.

Disclaimer: This article is a general sharing of legal information and does not constitute a legal opinion on any specific case, nor does it represent a commitment to the outcome of the case. The rules of trademark procedure in the United States may be adjusted. For specific cases, please refer to your own evidence and the latest regulations, and consult a practicing lawyer before making a decision.