Q: Is there a need to submit evidence of use when submitting a trademark registration application? How to understand the two exceptions that do not apply to Article 4 of the Trademark Law? 

A: According to the relevant provisions of the Trademark Law, the exclusive right to use trademarks in China adopts the principle of registration and acquisition, and does not take the usage of trademark as the premise. Submitting an application for trademark registration generally does not require submitting evidence of trademark usage or explaining the intention of use. 

The legislative intent of Article 4.1 of the Trademark Law is to regulate malicious applications and hoarding registration, and to enhance the usage obligation of registrant. The Guide clarifies that Article 4 of the Trademark Law is not applicable under two situations: "the applicant applies for a trademark that is the same as or similar to its registered trademark logo for defensive purposes" and "the applicant applies for a trademark in advance for future business with realistic expectations". The so-called "applying for trademarks that are the same as or similar to their registered trademarks for defensive purposes" mainly indicates that trademark registrants apply for registration of trademarks that are the same as or similar to their core brands in goods or services other than their main business, so as to prevent others from clinging to or defacing their goodwill that has been formed in their main business and core brands. The so-called "apply for trademarks in advance for future business with realistic expectations", mainly takes actual commercial activities into consideration, and there is a certain time lag between commercial planning and actual publicity, promotion and market entry of related goods or services, and some market entities may have the need to deploy trademark registration in advance to prevent possible trademark hijack or avoid infringement of prior rights and interests, so applicants are allowed to apply for related trademarks in an appropriate amount. 

In particular, it should be emphasized that, although the Guide gives a certain degree of recognition to the above two acts, such recognition is still limited, and the application for trademarks shall abide by certain restrictions in either case. Excessive defense and excessive reserve of applying for trademarks without real usage intention beyond reasonable and necessary limits, though not for the purpose of transferring for profit, also occupies a large number of trademarks and administrative resources, which is also an act that disturbs the order of trademark registration, and can still be recognized as "malicious trademark registration for non-use purpose" according to law.