Many people believe that once a trademark is registered, the work is done. But the truth is that registration is just the beginning. Even after your mark is approved and registered in the Trademark Register, it is still necessary to Proof of actual use To preserve it over time and prevent its cancellation.
In this article, we will explain what actual use is, when it is required, how to prove it, what happens when it is not used, and also what the difference is between the ™ and ® symbols.
Why is actual use even required?
The main idea of trademark law is to protect Brands that are actually used in the market – Not about names "on paper" that someone wrote down just to keep or block others.
Therefore, even if you have received a registration certificate, you still:
- if You will not actually use In the sign for a period of time (usually: 3 years or more),
- Another factor can Request to cancel the mark,
- And in some cases – The registrar or the court will grant the request.
What is considered actual use?
Actual use of a mark means that the mark appears and is in use. Real, continuous and commercial – That is, it serves the business in front of the customer base.
Examples of valid uses:
- Use of logo or brand name on products/packaging
- Appearance of the mark on the company's website
- Advertisements in the newspaper or on social networks
- Invoices with a printed mark
- Physical signage in the business
- Booths at trade fairs or exhibitions
One-time or symbolic use only Not enough – Actual business activity must be shown.
When is use required?
In Israel:
- If someone asks Unmark Due to lack of use, the owner of the mark must prove actual use during the relevant period.
- There is no automatic obligation to submit proof of use at a certain stage, but in the background there is a possibility of Cancellation request From a third party.
In the US (for comparison):
- Required to submit Official Statement of Use Within a fixed period of time (5–6 years after registration).
- If no declaration is submitted, the mark Deleted.
How do you prove actual use?
If you are required to present evidence, for example in the case of a cancellation request, you can use:
- Product images On which the mark appears
- Sales invoices With the logo
- Advertising campaigns which include the sign
- Screenshots From websites, apps, social networks
- Activity reports – Such as exhibitions, deliveries, receipts
It is advisable to keep records over the years – especially when it comes to a brand that is still growing.
What happens if the mark is not used?
❌ Cancellation request exposure:
The Trademark Ordinance states that a mark that has not been used for 3 years prior to the cancellation request, and the applicant cannot show justification for the lack of use – You can delete it from the notebook..
❌ Loss of legal right:
Even if registered, a mark that is not used will be considered "abandoned", and its owner will lose the right. To sue for infringement – Because there is no infringement if there is no real use.
What is the difference between the symbols ® and ™?
| sign | meaning | When is it allowed to use |
|---|---|---|
| ™ (™ – trademark) | Indicates that a trademark is in use, but Not registered | It is allowed to use it immediately, even before registration, if you consider the mark to be your trademark. |
| ® (® – registered trademark) | Indicates that the sign Officially registered | Allowed to use Only after registrationEarly use may be considered Misleading or illegal |
⚠️ Important note:
Using the ® without the mark actually being registered may be considered Deception of the public And even for an offense under the law.
Summary
Registering a trademark is an important step – but not enough.
To maintain your rights, protect your brand and be able to enforce the mark against infringers – it is important to ensure Actual, commercial and continuous use.
- Keep organized records
- Use the mark visibly and continuously
- Don't just rely on the listing – use it in practice
