Right-preserving use

Right-preserving use means that the trademark owner actually uses the trademark in the course of trade for the registered goods or services.

If the trademark has been registered for more than five years, rights can only be derived from the trademark for the goods/services for which the trademark has been used within the last five years. If there is no use that preserves rights for certain goods/services, the trademark for these goods/services can be canceled upon the request of others.

Purely descriptive use does not constitute right-preserving use.

In exceptional cases, a lack of rights-preserving use may be justified. Justified reasons for non-use must be directly related to the trademark, make its use impossible, and be independent of the trademark owner’s free will.

We will gladly advise you on issues relating to rights-preserving use. It is best to have this check performed in due time prior to the end of the grace period for use.

Advice for use in practice: To be able to quickly prove the right-preserving use of your trademark for an extended period of time, we recommend that you continually archive appropriate evidence. Depending on the trademark and the goods/services, this evidence may include examples of trademark use, copies of invoices, or publications about your trademark/goods/services.