Trademark use

Do you know that you have an obligation to use your trademark?

Maybe you have registered your trademark and you have parked it right now, because the project is not progressing or it was left behind among others. Be careful with this situation because you may find that your registration ceases to have its value and to fulfill its function.

How is that possible if the trademark has been granted?

Once the processing period is over, the trademark office registers and certifies the existence of your trademark for a period of 10 years renewable, after that you have a grace period (5 years) for which you will not need to prove that you use it, in case you oppose the application of someone who wants to register something similar or identical to your sign, but be alert from that point on.

If the project was not carried out or the activity was discontinued, in case of conflict with third parties we will have the trademark subject to request proof of use and / or we can cancel it.

What kind of tests may we be asked to provide? 

• LOCATION
• TIME
• SCOPE
• NATURE OF USE (in relation to registered products)

Photo by Gerd Altmann.