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- → 4 Good Reasons to Outsource Trademark DocketingTrademark docketing requires time, effort, and resources, placing a strain on many b...
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- AI Assistants for Trademark ProductivityReview trademark search and watch results, create first drafts of goods and services descriptions, classify evidence of use, and manage office action responses effectively with our AI assistants for trademark productivity.→ Read moreOur solutionsAll-in-one digital trademark workflow automationChat with trademark search or watch results to review findings and assess riskSave time and build consistency and compliance with our AI solutionAnalyze content and draft answers with AIManage trademark evidence of use with AILatest resources
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and intellectual property and our vision to inspire the future of IP with AIOur solutionsDiscover how AI is transforming IPIndustry-leading patent drafting software powered by generative AIAI copilots for optimized patent preparation and prosecution workflowsAI copilot for automated patent classificationAI copilot for elevated trademark clearance searchUnlock AI-powered use cases across a range of Questel software.Proof of UseNewCapture Trademark Evidence of Use with AILatest resources- → The Future of IP Departments: Are We Headed Toward a World of Only Chatbots and AI?In this on-demand session, industry leaders from Questel and Better Ipsum discuss ho...
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Optimize your intellectual property assets with our comprehensive IP portfolio management solutions,
ensuring maximum protection and strategic advantage for your business.Our solutionsIP management systems, docketing, forecasting, data analytics, blockchain, and eBilling toolsOur web-based platform for IP services managementPAVIS Connect, our solution for companies and laws firms that already have an IP management systemAccess trademark watches directly from Equinox with Markify Watch integrationLatest resources- → Switching to a New IPMS: What Does the Data Migration Process Involve?When you’re considering switching to a new IP management system (IPMS), you’ll likel...
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- Solutions for Law FirmsStreamline internal processes, satisfy client demand, and remain competitive with our specialist solutions for law firms→ Read moreOur solutionsAll-in-one patent prosecution workflow, data, and collaboration workspace.Patent Office Action Response Management with AIIndustry-leading patent drafting software powered by generative AIPowerful all-in-one IPMS for law firmsPowerful patent searching and analysisScreen and monitor your trademark rights effectively with our Markify platformStreamline multilingual matters with fast and reliable legal translation servicesCentralized patent translation servicesFee and renewals managementTrademark and design renewal servicesLatest resources
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From Detection to Defense: A Powerful Duo that Tackles Trademark Proof of Use
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*:
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.

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.
