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Do I need to prove the usage of my trademark during the validity period?

Senior Trademark Attorney

In most jurisdictions, no proof of use is required during the 10-year validity period. The trademark remains registered as long as renewal fees are paid.

The US is the exception. Between the 5th and 6th year after registration, the owner must file a Declaration of Use confirming the trademark is still in active commercial use in the US market, accompanied by a specimen. Failure to file within this window results in cancellation of the registration.

In all jurisdictions, a third party can apply to cancel a trademark after five years of non-use. The owner does not need to proactively prove use, but must be able to provide evidence of genuine commercial use if a cancellation action is brought.

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