Compulsory use of trademarks

Registered trademarks are subject to a so-called compulsory use. This means that the trademarks must be used in a way that preserves their rights, so that their legal validity is secured. For this purpose, it is necessary that the trademarks are used for the registered goods/services to an extent which, taking into account the industry and the size of the company, excludes any doubt as to the seriousness of the use.

The use of the trademark can be made by the trademark owner or by third parties authorized by the trademark owner (e.g. licensees).

The right-preserving use must be started within 5 years after the registration of the trademark. Until then the trademark enjoys a grace period. Furthermore, use may not be interrupted for a period of more than 5 years. Otherwise, the trademark may be attacked by third parties on the grounds of lack of use. The plea of lack of use can also be invoked against the trademark owner in opposition proceedings or infringement proceedings.