May 29, 2025 Copyright ©️ 2025 by goldkeen International Patent & Trademark Joint Office
Trademark Registration ≠ Absolute Protection — Why Is "Use" So Important?
Many entrepreneurs and brand owners breathe a sigh of relief after completing their trademark registration, believing that their trademark is now fully protected. However, in reality, if you don’t actually use the registered trademark, its protection can significantly weaken — and you may even face cancellation and lose your rights entirely!
According to Article 63 of the Taiwan Trademark Act, if a trademark is not used continuously for three years, anyone can file a request to revoke its registration. In other words, simply registering a trademark without using it is essentially a wasted effort.
What Are the Legal Risks of Not Using a Trademark?
- Potential Revocation by Others
If your competitor wants to enter the market and discovers that you own a registered but unused trademark, they can file a "revocation application" to strip you of your rights. - Inability to Claim Damages
If someone infringes on your trademark and you lack actual usage records, you may not be able to claim compensation in court. The court may rule that "no real market interests were harmed." - Complete Breakdown of Brand Defense
An unused trademark fails to build market recognition and brand value — effectively offering no protection. If a competitor gains exposure in the market before you do, you risk losing your initial advantage.
Example: A Real Case Where Registration Didn’t Lead to Compensation
A designer based in Taipei registered a trademark for a character name. However, because no product was ever launched under that name, an e-commerce company later began using it first. The designer filed a lawsuit, but the court ruled against them. The reasoning: although the designer had registered the trademark, there was no record of product use, no evidence of sales, and no real-world usage scenarios. As a result, "the existence of damages could not be established."
Cases like this serve as a reminder: registration is merely a ticket to enter the game — actual use is how you play and win it.
What Qualifies as “Use” of a Trademark?
To be considered valid, trademark use must meet at least one of the following conditions and be supported by evidence:
- Displayed on product packaging, labels, or the physical appearance of the goods.
- Actively sold on websites or e-commerce platforms.
- Publicly shown in marketing materials in connection with the actual promotion of the product.
- Visibly used in exhibitions, store signage, business cards, etc.
- Printed on invoices, contracts, or shipping documents.
- Licensed to third parties for use with actual payment.
Courts and the Intellectual Property Office will assess whether trademark use is established based on the completeness, authenticity, and verifiability of the submitted evidence.
How to Preserve Evidence of Trademark Use
- Take quarterly screenshots of your official website and social media posts, with timestamps clearly marked.
- Keep samples of printed packaging and records of product shipments.
- Collect customer purchase documentation, such as invoices, orders, and shipping records.
- If you delegate sales to third parties, secure contracts that grant trademark usage rights for record-keeping.
- It is recommended to create a "Trademark Use Evidence Folder" organized by year and category for systematic management.
Remedial Measures: What If Your Trademark Is About to Expire Due to Non-Use?
Immediately arrange real-world usage scenarios, such as launching a display website or creating sample packaging.
Reactivate your branding efforts to bring the trademark to life — even limited product sales may qualify as “use.”
If actual use is no longer feasible, consider renaming, withdrawing the application, and repositioning your strategy.
Proactive use and timely strategic updates are the only ways to extend the life of a trademark.
Conclusion: Not Using Your Trademark Is the Greatest Waste of Brand Value
A trademark is more than just a legal document — it’s the bridge between you and the market. If you don’t use it, consumers won’t remember it, courts won’t protect it, and the market won’t recognize it.
Starting today, integrate trademark use into your business operations. Let your brand be not only legally protected, but also powerful and unforgettable.
Frequently Asked Questions (FAQ)
Q1: Can a trademark be re-registered after it has been revoked?
A: Yes, you can file a new application. However, if someone else has already applied for a similar trademark, you will lose priority.
Q2: Does using a trademark in social media posts count as trademark use?
A: Yes, if the posts are commercially oriented and include a call-to-action or sales direction — but you must be able to prove the timing and the link to specific products.
Q3: Does trademark use need to be continuous?
A: It doesn’t need to be daily, but there must not be a full three-year gap without reasonable, provable use.
Q4: If my logo appears on product packaging, does that count as use?
A: Yes, as long as the product with that packaging has actual sales records.
Q5: What if I’ve used the trademark but didn’t keep evidence?
A: You should immediately look for supporting materials such as website snapshots, platform logs, or archived documents. Going forward, it’s highly recommended to keep a complete and organized record.
Do You Have Questions About Trademark Applications?
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