{"id":6442,"date":"2025-02-14T19:04:41","date_gmt":"2025-02-14T18:04:41","guid":{"rendered":"https:\/\/www.inscripta.fr\/?p=6442"},"modified":"2025-02-14T19:04:41","modified_gmt":"2025-02-14T18:04:41","slug":"revocation-of-a-trademark-how-to-avoid-this-risk","status":"publish","type":"post","link":"https:\/\/www.inscripta.fr\/en\/trademarks\/revocation-of-a-trademark-how-to-avoid-this-risk\/","title":{"rendered":"Revocation of a Trade Mark: How to Avoid This Risk Even If You\u2019re Actively Using It"},"content":{"rendered":"

You\u2019ve registered your trade mark, you\u2019re using it, and you believe that\u2019s enough to maintain and enforce your rights?<\/p>\n

Yes\u2026 and no.<\/p>\n

Understanding trade mark cancellation<\/strong><\/p>\n

A trade mark must be used within 5 years<\/strong> of its registration. In some countries, such as China or Mexico, this period is reduced to 3 years<\/strong>.<\/p>\n

However, even genuine and serious use isn\u2019t enough if you can\u2019t demonstrate its duration<\/strong>, intensity<\/strong>, and geographical scope<\/strong>.<\/p>\n

In France, initiating a cancellation action has become easier (See our earlier article<\/a>). Trade mark owners have at most two months<\/strong> to submit a complete file. Without sufficient evidence, the trade mark may be revoked.<\/p>\n

Why mere usage isn\u2019t enough<\/strong><\/p>\n

Deadlines vary across countries<\/strong><\/p>\n

The rules differ depending on the jurisdiction. Be sure to know the time limits for trade mark cancellation actions for non-use, in your target countries and markets.<\/p>\n

The importance of concrete evidence<\/strong><\/p>\n

It\u2019s crucial to keep solid evidence throughout the lifecycle of your trade mark. This ensures you can respond quickly to any disputes or cancellation actions.<\/p>\n

How to prove your trade mark is used<\/strong><\/p>\n

Documents to keep for trade marks affixed to goods<\/strong><\/p>\n

If your trade mark is used on a product, you should collect:<\/p>\n