If a trademark faces a revocation application because some goods are unused, how should a business manage its evidence of use?

Recent media reports said the "Wulong Yuan" trademark of well-known cartoonist Mr. Ao Youxiang had been revoked. The Intellectual Property Office of the Ministry of Economic Affairs subsequently explained that trademark revocation is determined separately based on evidence of use for each designated good or service, and does not revoke all of a trademark owner's rights at once. In this case, the "hotel" services in Class 43 remained registered because there was evidence of actual use; the remaining restaurant, nursing home and other services in Class 43, and all goods such as tea and coffee beverages in Class 30, were revoked because no evidence sufficient to prove actual use was submitted. The Intellectual Property Office also stressed that the case is not yet final and that the party dissatisfied may still pursue administrative remedies.

For businesses or creators that own registered trademarks, what truly deserves attention in this case is not the outcome of "the trademark being revoked" itself, but the item-by-item logic of revocation review. Under Article 63, paragraph 1, subparagraph 2 of the Trademark Act, where a registered trademark has not been used without proper reason, or has continuously ceased to be used, for 3 years, any person may apply for revocation. In individual cases, the Intellectual Property Office examines the evidence of use separately for each designated good or service, rather than making a blanket decision about the trademark as a whole. This means that even if a trademark is used for services in one class, other unused goods or services may still be revoked.

The focus of trademark management is not to rummage through materials only after a revocation application appears, but to build an evidence-of-use file by registered goods and services in ordinary times, so that each core good or service can be matched to actual use. Brand owners with registrations in multiple classes should first check which goods or services in their core classes have been continuously used and which have only been registered without actually being brought to market; for the latter, they may assess supplementary use, adjusting the scope of registration, or preparing proper reasons for non-use, rather than assuming that the entire trademark will be maintained because of partial use.

Procedurally, this case involved a third party filing a revocation application; the Intellectual Property Office notified both parties in writing to submit replies and statements, and made its decision after examining the evidence submitted by both sides. The source also clarified that the Intellectual Property Office did not send personnel to the trademark owner's residence or studio to conduct on-site investigations or take photographs to gather evidence. This reminds trademark owners that, when facing a revocation application, organizing and submitting written evidence is a key part of the procedure; if a notice is received, they should submit corresponding evidence for the goods or services in use within the statutory period, and assess whether to pursue administrative remedies against the unfavorable part.

Another point that is easily misunderstood is the relationship between trademark rights and copyright. The Intellectual Property Office explained that trademark rights and copyright have different subject matter and legal requirements, and that revocation of a trademark does not mean the creator's copyright in the comic works is affected. When evidence of trademark use is insufficient, brand owners may still assess other intellectual property paths, but they should not conflate the two, nor assume that invalidation of a trademark necessarily causes the works to lose protection.

Businesses may first obtain the trademark registration certificate, list each class of designated goods or services, and then compare them against materials such as sales contracts, invoices, advertising placements, store photographs and service records from the past three years, marking items with evidence, weak evidence and no evidence. For items with weak evidence, they should supplement use or adjust business arrangements as soon as possible; for those that have received a notice to reply to a revocation application, they should submit evidence for the items in use within the statutory period and assess whether to pursue administrative remedies against the revoked part. The applicable conditions for these actions depend on the law of the place of registration, the actual state of use and the procedural stage; it is advisable to check local rules and case materials before taking action.

Frequently Asked Questions

Question: If a trademark is subject to a revocation application, does that mean the entire trademark right is invalidated?
Answer: No. According to the source, trademark revocation is determined separately based on evidence of use for each designated good or service, and does not revoke all of a trademark owner's rights at once. In this case, the "hotel" services remained registered because there was evidence of actual use, while the remaining goods or services for which use was not proven were revoked. However, the case is not yet final, and the party may still pursue administrative remedies.

Question: What evidence of use should a trademark owner keep to respond to a possible revocation application?
Answer: The source does not list specific types of evidence, but points out that revocation review examines the evidence submitted by both parties and that it must be sufficient to prove actual use. Trademark owners should, for each registered good or service, keep materials that can show the time of trademark use, the goods or services, and the user, such as records of sales, advertising and service provision. The specific forms of evidence need to be checked against the individual case and local regulations.

Question: After a trademark is revoked, can the creator still assert copyright in the works?
Answer: Yes. Trademark rights and copyright have different subject matter and legal requirements, and revocation of a trademark does not mean the creator's copyright in the comic works is affected. However, asserting copyright still requires case-by-case assessment under the requirements of local copyright law, and after the trademark becomes invalid for those items, others may apply to register the same or similar signs.

Sources: Press release of the Intellectual Property Office under the competent economic authority of the Taiwan region of China (2026, month 10, day 19); related reports by Central News Agency and China Times (2026, month 10, day 19); Article 63 of the Taiwan region Trademark Law; Article forty-nine and Article sixty-three of the Mainland Trademark Law.

Note: This article is general intellectual property education and practical observation, and does not constitute legal advice for any specific case.