Is Your Trade Mark At Risk?

The “use it or lose it” principle applies to trademarks in all countries.

The rationale behind the principle is to make names available for others to secure after five years of registration unless the owners of those registrations are still using their marks. 

So, it’s essential that trademark owners are able to demonstrate genuine use of their marks within the regions where they hold registrations. They must be able to provide objective proof of their use, failing which they stand to lose their registrations.

To avoid having a trademark revoked or losing its enforceability in opposition, invalidity, or infringement proceedings it’s vital to maintain evidence of its use by way of sales invoices, proof of marketing spend, dated photographs and similar measures.

One effect Brexit brought is that UK owners of EU trademark registrations must use their marks in the EU27. 

Before Brexit, using your EU trademark in the UK counted as use of it in the EU. However, since we left the EU, EU trademarks no longer include the UK, so if you haven’t used your mark in one of the EU27 by the end of 2025 it is vulnerable to cancellation. 

A mark might be partially revoked if you are only able to prove use of it for some of the goods or services covered in your registration. So it’s important to keep evidence of use for all the goods and services covered in your registration. 

As well as organising evidence of use, another action that businesses might usefully take, is to ensure their websites accurately reflect the markets they serve and the activities covered in their trademark registrations. 

If you’re a brand protection client, we recommend ensuring  your business is in the strongest position to defend its registrations by taking the steps outlined in this newsletter. Then once you have gathered evidence of your use and adjusted your website, why not ask speak to us?