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              Trademark proof of use, image of parallel buildings
              Blog Post / Published, June 6, 2025

              From Detection to Defense: A Powerful Duo that Tackles Trademark Proof of Use

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              overview

              From informing trademark clearance projects to creating defensive strategies, identifying trademarks that are vulnerable to revocation based on non-use can support brand owners in two ways, says Pascaline Bourreau. She explains how Questel’s powerful platforms for trademark search and evidence of use classification can assist.  

              Maintaining valuable trademark rights requires more than just registration. A trademark that is not put to genuine use in connection with the goods and services for which it is registered may become vulnerable to cancellation—and this can have serious consequences for rights holders. 

              The Trademark Use Requirement 

              Once a trademark is registered, its owner must begin using it within a specific timeframe in many jurisdictions (often 3–5 years). Failure to do so opens the door for third parties to file for revocation on the grounds of non-use. This principle ensures that trademarks remain indicators of commercial origin and are not simply warehoused to block others from using them. 

              A New Ally for Trademark Clearance: The “Vulnerable to Non-use” Column 

              To help IP professionals make more informed decisions during trademark clearance projects, we’ve introduced a new feature in our Markify ProSearch™ reports: the “Vulnerable for non-use” column*:  

              Trademark proof of use, screenshot from Markify ProSearch, evidence of use trademark column
              This new column flags trademarks that, based on local rules and applicable timeframes, have reached the point where they could be challenged for non-use. A clear “YES” indicator shows when a mark is potentially vulnerable, giving you a valuable signal during early-stage analysis. 

              * It’s important to note that this column does not assess whether a mark is actually used in commerce. It simply reflects whether a trademark is subject to a use requirement.  

              —>Explore this new feature in our dedicated product update. 

              Why Use Matters for Trademark Clearance 

              When clearing a new mark, not all prior trademarks pose the same level of risk. At first glance, certain trademarks may appear to be serious threats to your application; yet they may no longer be enforceable if they haven't been used. Being able to identify these “vulnerable” marks early in the process can help you: 

              • Reassess the level of risk
              • Anticipate potential office actions
              • Prepare for strategic options such as non-use revocation actions 

              This new layer of information can help inform your thinking and guide strategic considerations. For example: 

              • If a prior trademark is actively used, exploring coexistence, licensing, or rebranding could be options worth considering. 
              • If a mark seems potentially vulnerable:
              • You might still decide to proceed with your filing while preparing for a possible objection or opposition,
              • Or, depending on the circumstances and after verifying the actual use status, you could consider initiating a non-use cancellation action.  

              The Burden of Proof Still Rests with You 

              Identifying a vulnerable trademark is just the first step. Proving non-use—or defending against such claims—requires solid, well-prepared evidence. And that’s where many rights holders struggle. 

              Collecting, organizing, and presenting compliant documentation across different countries and formats is often complex and time-consuming. Mistakes or gaps can mean the difference between keeping or losing your rights. This is where our second solution for trademark proof of use classification comes into play. 

              Monitoring and Strategic Vigilance 

              Effective trademark management means not only registering and renewing your rights but also anticipating vulnerabilities. Regular monitoring of your portfolio can help identify marks at risk of cancellation due to lack of use. A comprehensive watch strategy also includes ensuring that trademarks cited in oppositions are still actively used—and that you have the documentation to prove it. 

              Similarly, engaging in opposition or litigation using a trademark that hasn’t been used (or for which use cannot be demonstrated) can backfire, weakening your position or even resulting in loss of rights. 

              Declarations of Use and Local Compliance 

              In some countries (e.g. the United States, the Philippines, Argentina...), owners are required to submit Declarations of Actual Use (DAU) or similar affidavits to maintain their trademarks. Failure to comply leads to cancellation—another reason why evidence of use must be collected in a timely, strategic manner, and according to local standards. 

              Best Practices: Be Proactive, Not Reactive

              To prevent trademarks from becoming vulnerable to revocation based on non use, IP professionals should adopt good habits: 

              • Collect trademark proof of use evidence regularly, not just in anticipation of litigation. 
              • Store documentation in a centralized and secure way. 
              • Label and classify each item with key metadata (brand, product/service, territory, date). 
              • Make sure each piece meets admissibility standards in the relevant jurisdiction. 
              Trademark proof of use, image of stairway, blue sky

              Let AI Help You Do It Right 

              If you manage a portfolio of trademarks and are unsure whether your use documentation is compliant, complete, or up to date, now might be the right time to explore new solutions. 

              Our AI-powered platform for trademark evidence of use (UZ.IP) is designed to automate and optimize the way you manage and prove trademark use. Whether you're an in-house counsel or an IP law firm, UZ.IP supports you by: 

              • Automatically analyzing, classifying, and archiving all types of use documents (invoices, ads, social media posts, magazines, etc.) 
              • Structuring documentation according to legal, regulatory, and judicial standards of the relevant territory 
              • Identifying vulnerabilities and gaps in your portfolio through intuitive dashboards 
              • Suggesting the most probative documents based on the specific context of a dispute 
              • Generating annexes conforming to regulatory requirements and facilitating interactions with external counsel or internal stakeholders. 

              You simply upload your files—in any format—and the tool handles the rest: analysis, classification by trademark and goods/services, date and territory tagging, and compliance checks. 

              Thanks to predictive litigation analytics and seamless integration with existing tools (CRM, billing/accounting systems, email), UZ.IP turns administrative complexity into strategic clarity—so you can focus on what matters: protecting and enforcing your trademark rights with confidence. 

              Don't let a lack of documentation undermine the strength of your rights. UZ.IP, our AI solution for trademark evidence of use, helps transform your documents into reliable, compliant, and actionable proof of use. 

              For more information or a product demo, get in touch with our team today. 

              About the Author
              null Pascaline Bourreau
              Pascaline Bourreau
              is a Subject Matter Expert in the Software-as-a-Service team at Questel.
              Questel

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