When you own a trademark, you often have to prove its use in order to avoid lapse action. You may also need to demonstrate its distinctiveness or awareness to oppose use by a third party. There are many types of evidence that can be submitted, and courts seem to be accepting various formats. But how do you choose between different options in order to build a solid legal case? Which sources should you look to for evidence in trademark law? In this article, Paperz IP offers an overview of available sources to help you optimize your trademark research. For a concrete example, let’s consider a company that owns a perfume trademark and needs to prove its reputation.
On your (trade)marks, get set… check!
✅ Brochures and Catalogs, an evidence format not to be forgotten
- Brochures and catalogs from your own brand
Start with your own archives! Even though publications from third party tend to carry greater weight, you should not hesitate to use your own sources to start buikding your case.
If you’ve kept old brochures or catalogs, they’re a goldmine. If not, explore public and private archives. Collectors and enthusiasts often acquire brand catalogs like Fragonard, Caron, Adopt’ — you can find them at auctions, from antique dealers or via second-hand websites such as Ebay, Leboncoin or Wallapop.
- Brochures and catalogs from distributors
Is your brand sold by retailers like Sephora, Marionnaud, or Galeries Lafayette? Then chances are you’ll find mentions of your brand in their brochures and catalogs.
- Auction catalogs
Have you considered the secondary market?
If products from your brand have been sold at Sotheby’s, Christie’s, or Artcurial, their catalogs can provide valuable evidence. Bottles of perfum or vintage advertisements are often sold through such channels.
✅ The Press: an inexhaustible source of evidence
- Generalist magazines
Magazines like Cosmopolitan, Elle, or Daily Luxury frequently feature beauty products and perfumes. You may already have archived some in your press releases. What’s more, it’s also in this type of magazine that you’re most likely to have placed advertisements, which will serve as proof of your trademark’s reputation.
- Magazines specializing in your business sector
Professional and specialized magazines in your business sector can be full of useful proof. In the fragrance industry, consider titles like Nez, Cosmétiquemag, Formes de Luxe—they often include in-depth articles that may cite your brand.
- National daily newspapers
Has your brand been mentioned in Le Monde, Le Figaro, Libération, The New York Times, Corriere della Sera, or the Bangkok Post? Even a brief mention in an article counts as evidence. What’s more, these newspapers have a national or even international reach, so don’t miss out on such a source of evidence!
- Local daily newspapers
What about the local press? Midi Libre, Ouest-France, La Voz de Galicia, Berliner Zeitung… Does your brand have a local presence? Then it may be mentioned in an article or advertisement in a regional newspaper.
- Business and financial press
Forbes, Capital, The Economic Times, Financial Post… Has your brand been featured in any of these? Articles in business publications carry even more weight if they highlight your turnover or your evolution in the market, demonstrating the strength and therefore the notoriety of your trademark.
✅ Books: easily accessible sources of evidence
Books are not only an endless source of knowledge—they’re also valuable sources of evidence. They’re widely accessible, both for purchase and through general or specialized libraries. For perfumes, consider:
- Books on trademarks in which your trademark and/or logo may have been published : World Trademarks: 100 Years, Marks of Excellence, Logo and Trademark Collection
- Books on perfume: Perfume Legends, Art & Parfum, Dictionnaire des parfums
- Books specifically dedicated to your brand—whether published by you or not.
✅ Exclusively online resources to strengthen the reputation of your trademark
- Social media
Instagram, Facebook, YouTube… Don’t overlook digital publications. An influencer posing with your perfume? That’s proof. More broadly, a large number of followers or high engagement can can reinforce the proof of your notoriety.
- Blogs and forums
Look at blogs and forums specific to your sector: Fragrantica, Parfumo, Wikiparfum… A keyword search on any search engine might uncover relevant mentions of your trademark.
Where to Find These Publications?
It’s not always easy to sort through all these sources, or even know how to access them. Here are a few tips to make the task easier:
- Use standard search engines (think Google News or Google Books, for example)
- Consult your archives or the archives in museums or municipal libraries such as the Musée des Arts Décoratifs in Paris or the Musée International de la Parfumerie in Grasse.
- And above all, get in touch with us!
At Paperz IP, we have exclusive archives containing all the types of documents mentioned above. We also have a digital library that can be explored thanks to ICR (Intelligent Character Recognition) technology, which provides a global view of all our results for a given search.
This technology allows you to search by keywords (such as your brand name) across digitized publications, both old and recent.
Want to learn more about our use of AI? Read this article.
We also have access to specialised press databases that bring together thousands of press titles from many countries, enabling us to target specific territories and sectors of activity.
At Paperz IP, documentary research is what we do.
Our team of professional documentalists knows the best strategies depending on the type of research needed. Not only will you save time, but above all you will receive a complete report with results sorted and classified by territory and by type of publication.
✅ So, have you checked all the boxes?
If your checklist is still missing a few key elements, we’re here to help.
Contact us—together, we’ll complete your file with precision and care.