You’ve registered your trade mark, you’re using it, and you believe that’s enough to maintain and enforce your rights?
Yes… and no.
Understanding trade mark cancellation
A trade mark must be used within 5 years of its registration. In some countries, such as China or Mexico, this period is reduced to 3 years.
However, even genuine and serious use isn’t enough if you can’t demonstrate its duration, intensity, and geographical scope.
In France, initiating a cancellation action has become easier (See our earlier article). Trade mark owners have at most two months to submit a complete file. Without sufficient evidence, the trade mark may be revoked.
Why mere usage isn’t enough
Deadlines vary across countries
The rules differ depending on the jurisdiction. Be sure to know the time limits for trade mark cancellation actions for non-use, in your target countries and markets.
The importance of concrete evidence
It’s crucial to keep solid evidence throughout the lifecycle of your trade mark. This ensures you can respond quickly to any disputes or cancellation actions.
How to prove your trade mark is used
Documents to keep for trade marks affixed to goods
If your trade mark is used on a product, you should collect:
- Invoices, proof of sales,
- Catalogues, brochures,
- Advertisements,
- Or even product samples.
These documents demonstrate that the trade mark is being used to identify your products.
Specific evidence for service trade marks
Proving the use of a service mark can be more challenging. You must show that the trade mark guarantees the origin of the service (as opposed to use as a trade name or as a company name for example). Evidence may include:
- Advertising actions,
- Communication campaigns, press publications/releases,
- Surveys or awareness studies.
Even statements from your accountant showing sales volumes or annual revenue can be accepted, provided they are directly linked to the specific trade mark.
Plan ahead to protect your rights
As your Trademark Attorneys, we know your business and can help you identify and gather the necessary documents to prove its use.
Don’t wait! Contact us today to secure your rights.
© INSCRIPTA
Image by Pete Linforth under Pixabay License.
