Trade Marks

How to Demonstrate Genuine Use of Your Trademark: A Comprehensive Guide

Max Steinhausen

When it comes to protecting your trademark, demonstrating genuine use is a critical factor in maintaining its validity and exclusivity. In this article, we will explore the essential steps you need to take to effectively demonstrate that your trademark is in genuine use, ensuring its continued protection and enforcement.

  1. Understand the Requirements:

Before diving into the process, it's crucial to familiarize yourself with the specific requirements set forth by the intellectual property laws in your jurisdiction. Different countries may have varying criteria for demonstrating genuine use, including the scope, duration, and commercial activities associated with the trademark.

  1. Maintain Detailed Records:

To substantiate the genuine use of your trademark, it is imperative to keep  records of its usage. This includes documents such as sales invoices, advertising materials, packaging, brochures, photographs, and any other evidence that showcases the consistent use of your trademark in connection with your products or services.

  1. Demonstrate Commercial Presence:

One of the key aspects of proving genuine use is establishing a clear commercial presence. This can be achieved by showcasing that your trademark has been actively used in the marketplace. Maintain records of sales figures, market penetration, customer testimonials, and any other relevant evidence that demonstrates your trademark's impact on the market.

  1. Continuous and Uninterrupted Use:

Consistency and continuity in using your trademark are crucial factors in proving genuine use. Ensure that there are no prolonged periods of non-use that may weaken your claim. Regularly monitor and review your trademark's usage to identify any gaps that need to be addressed, such as ensuring ongoing sales, advertising campaigns, or product/service updates.

  1. Geographical Reach:

If your trademark is registered in multiple jurisdictions, it's essential to establish its genuine use in each of those locations. Provide evidence of commercial activities associated with your trademark, such as sales records, distribution channels, advertising campaigns, and market presence specific to each region or country.

  1. Be Prepared for Scrutiny:

When demonstrating genuine use, it's important to anticipate potential challenges or scrutiny. Competitors or third parties may attempt to dispute the use of your trademark, making it crucial to have comprehensive documentation and evidence readily available to defend your case effectively.

  1. Seek Professional Guidance:

Navigating the complexities of demonstrating genuine use can be daunting, especially when it comes to adhering to specific legal requirements. Engaging the services of an experienced intellectual property expert can provide invaluable guidance, ensuring you are well-prepared and equipped to demonstrate genuine use of your trademark.


Proving genuine use of your trademark is an essential step in maintaining its validity and exclusivity. By understanding the requirements, maintaining detailed records, demonstrating a commercial presence, ensuring continuous use, addressing geographical reach, and seeking professional guidance when necessary, you can effectively showcase that your trademark is in genuine use, safeguarding its protection and enforcing your rights in the marketplace.

Remember, demonstrating genuine use is an ongoing obligation, so it's crucial to regularly assess and monitor your trademark's usage to ensure it remains strong and defensible. By following these guidelines, you can effectively demonstrate the genuine use of your trademark, securing its continued value and impact in the ever-evolving business landscape.

Partners & IP Offices

We work with partners and IP Offices around the globe.

IP Australia  s

I've been working with Max and the team for a number of years now. They have helped me with multiple trade marks, objections/challenges and advice around the technicalities of the law. I would highly recommend talking to them if you're looking for great customer service, advice and results!

Mathew Stillone
Founder/Managing Director, Integrity Food Co.

Thank you to Max and the whole team! Your work is always of a high standard, professional and timely. I highly recommend Max and the team to any organisation needing IP support!

Anthea Thomas
Director, Hypnobirthing Australia

Excellent service, great result. We initially had issues with our trademark and called them to lodge a declaration to support the mark. Our mark was finally accepted and we believe this was only due to the thorough and detailed documents that were submitted to the trademark office. Great work!

Jason Morrisby
Founder/ Director, Mask Co.

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