Genuine Use


Genuine Use

Both, the German trademark act and the European Union trademark regulation require proper usage (genuine use) within five years after registration. If the trademark is not used for a term of 5 years, it can be cancelled upon request by a third party and it cannot be enforced. Therefore, it is important to keep documents for proving genuine use of the trademark. Such documents include inter alia goods, packages, photos of goods and photos of packages on which the trademark is attached or used. Prints of the internet site, photos of tools and buildings for providing the service on which the trademark is attached or used can prove genuine usage of the trademark for a service. Further, offers, invoices, brochures, catalogues, advertising material and the revenues achieved by usage of the trademark must by recorded to proof genuine use of the trademark.