Use case

Proof of trademark use

A registered trademark is defended with proof of use. Documenting actual use over time strengthens your file.

The situation

One scenario, two outcomes

The same moment, depending on whether the work was timestamped or not.

The trigger

Your trademark, registered nine years ago, has been in continuous use on a secondary product line.

Without proof

A third party files a revocation action for non-use. The burden of proof falls on you, over a five-year period: paper catalogs long gone, the website redesigned twice, invoices scattered across three systems.

With a certificate

Every quarter, website captures, campaigns and packaging were timestamped. The timeline of use exports as a single, continuous, dated file. The file can be produced on the evidence, with limited reconstruction.

Is your situation different?

The need

Revocation, reference period, scattered evidence.

Use is proven, year by year

After five years without genuine use, a trademark can become subject to a revocation action. The burden of proof falls on the owner for a period that is often distant by the time the records have disappeared.

Build the file as you go

Catalogs, campaigns, invoices, website captures, packaging: timestamped regularly, these elements form a continuous, dated timeline, far more solid than a file reconstructed under pressure.

The same timeline supports your actions

The same documentation serves to demonstrate acquired reputation, to assert your trademark against a later filing, or to establish prior unregistered use.

→Website captures, campaigns, packaging, catalogs
→Periodic deposits automatable via API
→Timeline of use exportable as a single file
→Free-form evidence in civil matters, French Civil Code, Article 1358

For an answer tailored to your case, talk to an expert: this page describes a typical situation, yours has its own specifics.

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See also

Two related pages to explore next.

For companies

Open →

Defensive publication

Open →

Guide: protecting a logo, a drawing or a photo

Open →

Torn between several of these situations?

Describe what you want to protect and when. We'll open the case that fits.

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