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Use-evidence retention

Not only against cancellation — the foundation for enforcement and well-known status

Deadline: Annual subscription with quarterly collection; the evidence pack is ready for cancellations, oppositions, invalidations, litigation and well-known mark applications
Legal basis: Trademark Law art. 49 (cancellation for three years of non-use); oppositions, invalidations, enforcement and well-known mark recognition all rest on use evidence
What this is

Clients often assume use evidence is only for fighting a non-use cancellation. Its uses go much further: oppositions and invalidations require proof of your prior use and the reputation it built; infringement actions require proof of the rights basis and of damage; applications to have a mark recognised as well-known turn on years of continuous use and promotion. Evidence accumulates — it cannot be reconstructed. With the revised law taking a stricter view of use, starting the archive early is far cheaper than hunting invoices and contracts once a challenge or an enforcement action is already underway.

When you need it
  • The mark is registered and in use, but evidence is scattered across finance, sales and marketing
  • You expect a cancellation threat and want the chain ready in advance
  • You are about to oppose or invalidate someone else and must prove prior use and reputation
  • You plan to apply for well-known mark recognition, which turns on years of use and promotion
  • You are licensing, pledging, contributing or valuing the mark and must prove its worth
  • You are litigating for damages, or filing platform takedowns against counterfeit listings
  • Staff turnover means historical material keeps disappearing
What to prepare
  • Mark name and registration number
  • The goods or services the mark is used on
  • Existing material: invoices, contracts, ad receipts, e-commerce pages, trade-show material, press
  • An internal contact for the quarterly collection
Fee
Annual subscription, tiered by number of marks and volume of material
Annual subscription
Not sure this is your situation?

Run the free tools first — they will tell you whether the problem is prior marks, absolute grounds, or something else.

Tell us about the mark

A consultant checks the mark’s status first, then calls you with an assessment and a quote.

As it appears on the certificate or filing.
Class and number help us verify the mark before we call. Leave blank if you are not sure — we can look it up.
🔒We verify every number by SMS. Your information is encrypted and used only for this enquiry.
No charge for the initial assessment. No obligation.
FAQ

Questions about this service

Beyond cancellations, what else is this evidence for?

Four main uses. First, oppositions and invalidations: proving your prior use and reputation is the core weapon against a squatter. Second, enforcement: litigation and platform takedowns both require proof of the rights basis and of damage. Third, well-known mark recognition, where examiners look precisely at years of continuous use and promotion. Fourth, licensing, pledging, capital contribution and valuation, all of which require proof of value. Retention is not only defence — it is ammunition.

What counts as valid use evidence?

The test is whether it proves three things at once: when, on which goods or services, and how the mark was used. Strong material includes sales contracts with the mark plus matching invoices, packaging and product photos bearing the mark, advertising contracts and payment receipts, store and listing pages, trade-show photos and contracts, and press coverage. A photo alone, or a contract without goods detail, proves very little.

Why can a small invoice be stronger than a large one?

Strength depends on all three elements being present, not on the amount. An invoice naming the mark, the goods and the date beats a large invoice for "goods, assorted". That is exactly what we look for when filing.

Are timestamps and notarisation necessary?

For key material, yes. Electronic evidence is easily challenged on authenticity and timing. Timestamps are cheap and can be batched; notarisation is worth it for core evidence in high-value or active disputes. We tell you which items justify it rather than sending everything to a notary.

I have already been challenged — is it too late?

Retention builds the archive over time; defending a cancellation means assembling evidence within a deadline. If a notice has arrived, start the defence immediately. Historical material can still be rescued, and we rebuild the archive alongside the response.

Can I subscribe to this together with monitoring?

Yes, and we recommend it. Monitoring catches intrusions early; retention keeps you able to defend and to enforce. Both are annual subscriptions and bundle pricing applies.

Other services

You may also need

Copyright registration

A trademark alone leaves gaps — copyright covers them

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Opposition defence / filing

Someone opposed your mark — or someone is squatting on your brand

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Cancellation / invalidation

Remove a blocking cited mark, or invalidate a bad-faith registration

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Assignment / change / renewal

Change of owner, change of details, keeping it alive

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Monitoring and alerts

A two-month window — and notices now go straight to you

✦ View details
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