On 10 September, the Beijing IP Court released six typical cases
where it punished the relevant litigant participants and cancelled
six trademarks for fake evidence in lawsuits against non-use
cancellation appeal decisions. We summarize and review the
cases.
Case 1: Fabricating test reports and advertisement registration
certificates, etc. (Jingzhixingchu 2015-1165)
In the non-use cancellation case relating to the trademark
JIAJIA and its Chinese characters and Device, No. 1486278, the
third parties with surnames Li and Bai submitted test reports and
business licenses, but the trademarks in the copy and the original
were inconsistent.
The third parties also submitted advertisement registration
certificates in notarized form to prove that the copy was
consistent with the original. However, the dates on the certificate
were inconsistent and 29 February 2013 was not a date at all. The
goods descriptions on the copy and original invoices were
inconsistent, too.
