Use of the Trademark
We help you use your brand in a legally compliant manner and safeguard its long-term future.
Use in Connection with the Trademark and Obligation to Use
A trademark does not protect every use of a mark. Rather, what is legally relevant is its use as an indication of origin. At the same time, a trademark can become vulnerable if it is not used in good faith. For companies, both of these issues often arise not only in the event of a dispute, but also during day-to-day operations—for example, during rebranding, product modifications, licensing, or expansion.
Trademark use is always specific:
- For a specific use as an indication of origin.
- For specific goods and services that have been registered.
- For clearly defined countries or markets.
The usage strategy clarifies:
- How the brand is actually used in the market.
- The goods or services for which the trademark is used.
- In which countries or regions is this usage relevant?
- How the requirement to use the system will be met in the long term.
Key Questions to Consider Before Filing a Trademark Application
Form of Use
The key factor is whether a mark is actually perceived in the market as an indication of origin. Not every instance of visibility fulfills this function; design, placement, and context play a central role in this regard.
Goods & Services
Use must relate to the goods and services for which the trademark is registered. Discrepancies between the registration record and the actual offerings may have legal implications.
Territory
The decisive factor is in which countries the trademark is used. Use in one country does not automatically satisfy the requirements for other jurisdictions or markets.
Design & Change
Changes to the brand’s visual identity, rebranding, or new forms of use may have implications for the legal assessment and should be evaluated at an early stage.
Avoiding Risks
Non-trademark use
If a mark is used solely for decorative or descriptive purposes, or outside the context of a specific offer, this may mean that the use does not legally qualify as trademark use.
Non-use or misuse
If a trademark is not used, or is not used appropriately, for an extended period of time, it may become vulnerable to challenge. This applies both to the validity of the trademark and to its enforceability in disputes.
How We Protect Your Brand
Calibration
We compare your trademark’s registration details (mark description, goods and services, ownership) with its actual use in the market.
Rating
We determine whether the specific use constitutes trademark use, whether variations are permissible, and where legal risks may arise.
Structuring
We develop a usage strategy that aligns with the brand architecture and ensure a clear association with the protected goods and services.
Documentation
We help you compile reliable usage records so that usage can be verifiably documented in the event of a dispute.
We establish a solid foundation for assessing whether your trademark is being used in a manner consistent with trademark law and whether the requirements for use are being met. Please contact us.
Related to the topic of strategy development
Trademark Monitoring
Early notifications of identical or similar new applications
Deadlines & Extensions
Monitoring of Term of Protection, Extensions, and Official Deadlines
Here's how we support you
Usage Check
We will review whether your use is consistent with the trademark and fits within the scope of the registry.
Legal Classification
We assess whether changes or new forms of use are unproblematic.
Strategic Direction
We identify areas where adjustments are needed and help prevent risks.
Hedging
We provide support with verification, documentation, and usage plans.
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A Brief Overview of Trademark Use in Practice
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