Protecting Your Trademark: Why Genuine Use Matters in the UK
As a business owner, you've probably worked hard to establish your brand's identity. Your trademark—whether it’s a logo, name, or slogan—is at the heart of that identity. But did you know that simply registering a trademark isn’t enough to keep it protected? In the UK, maintaining your trademark rights requires genuine use over time. Otherwise, your trademark could be at risk of revocation, potentially leaving it open for competitors. Let’s break down why this matters and what you can do to keep your trademark active.
What Does “Genuine Use” Mean?
Under the Trade Marks Act 1994, a trademark must be put to genuine use within five years of registration. Genuine use is about showing that your trademark is active in the market. It’s not just about filing paperwork; it’s about consistently using your trademark in a way that builds visibility and connection with customers.
Why It Matters: Genuine use proves that your trademark is more than just an idea—it’s a real part of your business. If your trademark sits idle for too long, it risks becoming vulnerable to revocation.
What Could Happen If You Don’t Use Your Trademark?
If your trademark isn’t actively used, anyone can apply for it to be revoked. Take, for example, the recent case with the "EAZY" trademark. The owner hadn’t used the trademark for years, and a competitor stepped in to challenge it. The result? The "EAZY" trademark was revoked. So, if you don’t actively use your trademark, you could lose it, and with it, all the effort you’ve put into building your brand’s identity.
Three Simple Steps to Keep Your Trademark Safe
To maintain your trademark rights, make sure your trademark is an active part of your business strategy. Here are three steps that can help:
Set a Plan for Using Your Trademark: Identify how and where your trademark will appear. This could mean featuring it on products, using it in marketing materials, or making it visible in advertising campaigns. If you’ve registered in multiple classes, consider starting with your primary class and expanding use over time.
Build Brand Presence Consistently: Being consistent is key to keeping your trademark protected. Even a modest marketing effort—like regular social media posts or targeted ads—can go a long way toward establishing genuine use in the eyes of the law.
Keep Track of Everything: Collecting evidence of your trademark’s use, like receipts, marketing materials, or sales records, can be a lifesaver if you ever need to prove genuine use. In a revocation challenge, solid documentation is often the difference between keeping your trademark and losing it.
When to Seek Professional Help
Sometimes it’s hard to know if your trademark use meets the requirements for genuine use. That’s where IP professionals come in. At Sort My Mark, we specialize in helping businesses protect and manage their trademarks in the UK. Whether you’re registering a new mark or want to make sure your existing trademark stays protected, we’re here to help.
Final Thoughts
Trademarks are a powerful tool for protecting your brand—but only if they’re used. Staying proactive with your trademark use can save you from the headache (and heartache) of a revocation. If you’re unsure about where to start or need help managing your brand, reach out to us at Sort My Mark. Let’s keep your brand safe and secure, so you can focus on growing your business!