Non-use cancellation — protecting your registration

The 'use it or lose it' principle is fundamental to trademark law. If your mark is not in genuine commercial use within 5 years of registration — and is not subsequently used — it becomes vulnerable to cancellation by any third party.

What counts as genuine use?

Genuine use means actual commercial use in the relevant market, for the goods and services registered. Token use purely to maintain the registration does not qualify. Use must be in the territory where protection is claimed.

Defending against a cancellation claim

If challenged, you must provide evidence of use: invoices, marketing materials, website screenshots, packaging — ideally dated and showing commercial scale. Patentir helps you collect and organise this evidence.