Use Requirement

What is it?

To retain the rights to a registered trademark, you must be used.

If your trademark is not used for the registered goods and services within a set time, it loses its protection. For most regions, this deadline is five years.

In some countries, such as the United States, the authorities will periodically require documentation of use. Most countries do not require this, but allow for unused marks to be deleted by third parties based on non-use.

What to consider?

If you have trademarks registered in the United States, best practice is to to implement routines for documenting use. With Zipip as agent, we will keep track of this for you.

Take care to ensure the best possible match between the company's registered trademarks and how your trademarks are actually used.

In special cases, it may be relevant to secure the mark with a new, so-called defensive registrations, for goods you still desire to have protected, but cannot show actual use for. This can secure the brand for another five years before it enters the use requirement.