Definition

Cancellation for non-use is the sanction that strips an owner of their rights on a registered trademark. The most common cause is the absence of genuine use for five consecutive years. Cancellation can be total or partial (limited to specific classes).

Why this risk is underestimated

A trademark can be legally valid but vulnerable because it is no longer in use. Any third party (competitor, former partner, supplier) can then request cancellation.

Common grounds

• Non-use for five years
• Trademark having become the generic name of the product (e.g. “escalator”)
• Misleading use
• Non-payment of renewal fees

How to protect yourself

• Continuously document proof of use (invoices, brochures, screenshots, press)
• At renewal, keep only the classes truly exploited
• Watch internal communications to prevent generification
• Centralise evidence in an IP management tool