Brand use

The "Trademark use" refers to the use of a trademark in a way that is intended to identify the origin of the goods or services and to represent the brand image. In other words, trademark use occurs when a trademark is used in a way that indicates that the goods or services offered are associated with that trademark or originate from the owner of the trademark or an authorized third party. Trademark use does not include, for example, the mere decorative use.

Here are some examples of Trademark use:

  1. Use on products: The placement of the brand on the products themselves, whether by printing, engraving or a label, to indicate to consumers that these products originate from the brand.
  2. Use in advertising materials: The use of the trademark in promotional materials to communicate to consumers that certain products or services are associated with that trademark.
  3. Use in business documents: The use of the trademark in business documents such as invoices, contracts or letterheads to identify the business origin or affiliation.
  4. Use on packaging: The use of the brand on product packaging to indicate to consumers that the products come from that particular brand.
  5. Use in marketing campaigns: The use of the brand in marketing campaigns to show consumers that certain products or services are offered under the brand identity.

Trademark use is decisive for the establishment and maintenance of the trademark. A trademark that has not been used as a trademark for five consecutive years will be canceled upon request due to revocation.

Branded use is also a criterion for the Examination of a trademark infringement.

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