Proof of use: why an unused trademark can be lost

By Işıl Çavuş · 2 June 2026 · Proof of use

Registering a trademark does not always mean you can then ignore it. In many countries a registered mark has to be genuinely used for the goods or services it covers. If it is not, a third party may be able to ask the office or a court to cancel it, revoke it or remove the unused parts.

The details vary a lot between countries. Some have a fixed period after which non-use becomes a ground for cancellation. Some ask for declarations or proof of use at set points. Others work differently again. So the first question is always: what are the rules in the country where the mark is registered?

What counts as use

The test is not simply whether the name appears somewhere. The kind, scale, place and timing of the use matter. A mark on a product that is really sold to customers is one thing. A mark on a website that has never produced any business, or on labels that sit in a warehouse, is another.

The idea behind most rules is "genuine use": real commercial use that serves to keep or win a market for the goods or services, not token use whose only purpose is to keep the registration alive. In the EU the question includes the nature of the goods, the market, the scale and frequency of the use and whether it is commercially justified.

Why the law cares

Imagine a company registers five hundred names and uses ten of them. If it could keep the other four hundred and ninety for ever, any business wanting one of them would be blocked by a mark that stands for nothing in the market. Non-use rules keep the registers meaningful and balance the interests of owners and newcomers.

How long can a mark stay unused?

There is no worldwide answer. In the European Union an EU trade mark can be revoked if it has not been genuinely used in the EU for an uninterrupted period of five years, subject to exceptions. The United Kingdom has its own five-year rule. The United States works with the idea of abandonment, with its own presumptions. Other countries have other periods.

You will often read that a trademark is lost after five years of non-use. That is too broad. Five years is a common warning point, not a universal formula, and the procedure and consequences differ.

What counts in practice

Scale. There is no minimum number of sales that makes a mark safe. A company selling yachts will have far fewer transactions than one selling bottled water. A small business using its mark in a small market can still show genuine use. What matters is whether the use is real and makes commercial sense for that kind of business.

Form. Use of a mark in a slightly different form can count, if the difference does not change its distinctive character. A new typeface may be fine. Replacing ORION with ASTRA is something else. If you rebrand, check which registration covers what you now use.

Goods and services. Use for software does not show use for clothing. If you registered a mark for several kinds of goods and use it for one, the others can be at risk. Partial cancellation is possible in many countries.

Territory. Use in one country does not automatically keep a registration alive in another. In the EU the question is use in the EU as a whole, assessed against the size of the market, so use in every member country is not required.

Who uses it. Use by a licensee with the owner's consent can count as the owner's use in many countries. Use inside a group of companies also needs to be properly recorded. Keep the licence or the intra-group agreement.

Online use. A functioning online shop with real customers can show use. A domain name or a social media account alone usually does not. Advertising can be relevant, but it does not always stand in for sales.

Not yet launched

Start-ups often file well before launch. If development is delayed for months, nothing happens at once. But the longer a mark sits unused, the more the local period matters. If a launch is postponed by years, review the registration instead of assuming nobody will notice.

Proof of use in other proceedings

Use can come up outside a cancellation action. In some systems, if you rely on an earlier registration to oppose another application, the applicant can ask you to prove use of that earlier mark, once certain conditions are met. A registration can be both a right and something you may need to back up with use.

Evidence to keep

If your mark is challenged, you may have to show that it was used during a particular period. Useful records include:

• dated invoices, orders, delivery notes and sales reports
• packaging, labels and product photographs
• catalogues, brochures and price lists
• web pages, marketplace listings and archived screenshots
• advertising, trade fair material and social media campaigns
• licence, distribution and franchise agreements

A single document that shows the name is weak. A set of records that shows what was sold, when, to whom, where and under which mark tells a clear story. Dates matter: a page captured today does not show what was happening five years ago. Keep evidence as you go, arranged by mark, country, year and goods. Do not wait for a dispute.

Do not create evidence afterwards

If a mark has hardly been used for years, a few artificial sales made once a challenge arrives are unlikely to solve the problem, and offices and courts look at the circumstances. Real use, with honest records, is the only dependable approach.

Practical habits

• Register marks you really intend to use.
• Keep the list of goods and services realistic. A broad list can be hard to defend later.
• Start using the mark when the business is ready, and do not let a launch drift.
• Know the non-use period in each country where you hold a registration.
• Review the portfolio before each renewal, and drop marks you will never use.
• When you rebrand, check whether new filings are needed.

Frequently asked questions

After registration

Keeping a registration in good order is part of the job. We can renew your marks and watch for similar filings. If your mark is challenged for non-use, tell us at once: we look at your evidence and, where the matter has to be handled in the country concerned, arrange one of our partners there. See trademark disputes. For the terms in this article, see the glossary entries on genuine use and non-use cancellation, and for the calendar side read the dates that matter.

This article is general information and is not legal advice. Rules differ between countries and change over time; check the official source for your case.