A trademark is any sign that distinguishes your goods or services from those of other businesses. It is the legal foundation of your brand.
ArticleNon-use cancellation - protecting your registration
A registered trademark can be cancelled if it has not been genuinely used for 5 consecutive years. Here is what you need to know.
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.
More articles
Intellectual property protection comes in several forms. Understanding the differences helps you choose the right tool.
The European Union Intellectual Property Office manages EU trademarks and designs - covering all 27 member states in a single registration.
Registering a trademark follows a structured process. Understanding each stage helps you set the right expectations and avoid delays.
Registration timelines vary by office and complexity. A straightforward EU trademark typically takes 4 to 6 months from filing to registration.
There are two separate reasons a trademark application can fail. Either the name is not something any single business is allowed to monopolise, or it collides with a trademark that already exists. The two are assessed at different stages, and they need different fixes.
Trademarks are registered for specific goods and services, organised into 45 classes under the Nice Agreement - a global system used by over 150 countries.
A structured overview of all 45 trademark classes, grouped by goods and services.
Registration is not the end of the process - it is the beginning. Monitoring ensures your mark is not diluted or infringed without your knowledge.
If a newly published trademark conflicts with yours, you can challenge it during the opposition period. Here is how the process works.
Registered trademarks must be renewed every 10 years. Failure to renew results in expiry and loss of protection.
