Use It or Risk Losing It: Trademark Use Basics
In many systems, a registration that is not genuinely used for a continuous period may face a cancellation challenge.
A registration needs commercial life
Trademark law in many jurisdictions expects a registered mark to be put to genuine commercial use for the goods and services it covers within a defined period. In the EU, a registration can become vulnerable to revocation for non-use after the applicable grace period if there is no proper reason for non-use. A registration certificate alone does not prove that the mark is being used.
The relevant use must generally be genuine, not a token transaction created only to preserve the right. The EUIPO guidelines on proof of use discuss the kinds of evidence that can matter in proceedings. Rules, periods and evidence standards differ by jurisdiction, so identify which register and territory apply to your mark.
What evidence should a business keep?
Save dated examples that connect the mark to the covered products or services: product labels, packaging, catalogues, website pages, invoices, order records, advertisements, trade-show materials and distributor documents. Note the territory, dates, quantities and channels. A screenshot without a date or sales context may tell only part of the story.
Keep evidence in a portfolio folder by mark, territory, class and year. Include the mark version used and identify the legal entity responsible for sales. If the mark appears differently from the registered representation, document the difference and assess whether it changes the distinctive character. Good recordkeeping is far easier while the campaign and product data are still accessible.
The specification matters when assessing use
Use is assessed against the goods and services listed in the registration. Selling one product does not automatically prove use for every item in a broad list. Review the specification and group evidence by category. If the business has discontinued a line, do not assume a different service keeps the entire registration safe.
Before filing, choose a focused list aligned with likely commercial use. Later, review actual use before renewal, sale or enforcement. If only part of the list is used, the right may be maintained only for a narrower scope depending on the law and evidence. A trademark professional can help assess the record before the issue arises in a dispute.
How to respond to a non-use challenge
If a challenge arrives, note the deadline immediately and identify the exact mark, territory and goods or services at issue. Gather evidence from the relevant period and ensure it shows real use by the owner or an authorised licensee. Do not fabricate or backdate records. Ask for advice if the evidence is fragmented or the registration covers more than the business actually sells.
If the business has not used a mark, consider whether there was a proper reason for non-use and whether the law recognises it. A rebrand or long pause can have consequences; a new filing may protect a current version but will not necessarily repair a gap in the old registration. Keep future records consistently and review the portfolio as products change.
Use-review checklist
Once a year, compare each registered mark and specification with sales, advertising and product records. Keep examples in the relevant territory, update owner and licence details, and flag any unused categories for advice. Use records are not administrative clutter; they are evidence that connects the registered right to the business customers actually see.