Trademark use: how to avoid cancellation for non-use

Registering a trademark is a key step in protecting your business, but it does not guarantee protection forever.

In many countries, including Switzerland, a trademark must be used within five years of its registration. Otherwise, it can be cancelled at the request of a third party.

In this article, we explain why it is essential to keep regular evidence of use, what types of documents are accepted, and how to avoid the most common mistakes.

It is advisable to monitor your trademark to detect potential infringements.

What the law says about trademark use

Under the Swiss Federal Act on the Protection of Trade Marks (TmPA), a trademark owner must use their trademark within five years of its registration. After this period, any third party may request the Swiss Federal Institute of Intellectual Property (IPI) to cancel the trademark for non-use.

In this context:

• The third party initiating the procedure must make the alleged non-use plausible.

• The trademark owner must then make plausible that the mark is indeed being used.

This principle aims to prevent the trademark register from being blocked by dormant or inactive marks.

What qualifies as acceptable proof of use?

Evidence must show genuine, serious, and commercial use of the trademark for the goods or services for which it is registered.

Here are examples of relevant documents:

Important: All documents must be dated, archived regularly (ideally every month), and include their source. In Switzerland, they generally need to cover the three linguistic regions as well.

Three common mistakes to avoid

1. Using a modified version of the trademark

If you significantly change your name or logo, typography, or trade name, the evidence will no longer correspond to the registered mark. As a result, the proof may be deemed invalid.

2. Using the mark only as a company name

Simply displaying the mark on letterheads or email signatures is not enough. Use must be as a trademark, meaning in direct connection with the goods or services offered.

3. Not keeping any records at all

Many businesses forget to archive evidence regularly. In case of a cancellation action, defending your rights will be difficult, and your trademark may be at risk.

These issues may also arise when managing international trademark protection.

Best practices to protect yourself

• Set up a monthly routine to save your evidence (e.g., a dated digital folder).
• Check for consistency between the trademark used on the market and the one registered.
• Anticipate use in all relevant linguistic regions if you operate nationally.
• Keep records of your online presence: e-commerce platforms, sponsored posts, branded content. Make periodic backups and archive them systematically.

What does Tradamarca offer?

At Tradamarca, we help our clients anticipate risks related to non-use. Our services include:

• Due diligences to verify consistency between actual use and the registered mark.
• Advice on the types of evidence to collect depending on your business.
• Long-term follow-up to anticipate cancellation risks and update your protection strategy when needed.

Do not let your trademark become vulnerable: protecting your rights also means demonstrating genuine use.

A solid strategy already begins when filing a trademark.

In summary

• A registered trademark must be used within 5 years, otherwise it may be cancelled.
• The owner must be able to provide concrete evidence of commercial use.
• It is better to anticipate than to react in an emergency.
• Professional guidance helps you secure your trademark in the long term.

To learn more, see our complete step-by-step guide to registering a trademark.

Need personalised advice to build a solid evidence file or verify whether your current use is compliant?

Tradamarca is here to support you, simply and efficiently.