Defending your trademark from non-use: how Aquila got it right

Use your trademark in the course of trade before it is removed on the grounds of non-use.

In brief: It's not enough to rest on your trademark laurels: if you do not actively use your trademark in the course of trade, it can be removed on the grounds of non-use.

Well-known Australian shoe and clothing retailer and manufacturer, Aquila, recently successfully defended an attempt by a competitor swimwear retailer, Auqua Swimwear to limit Aquila's trademark registration rights in relation to swimwear.

What you need to know:

• A trademark registration lasts for ten years from its filing date.
• You must actively use your trademark in the course of trade. If you do not, it can be removed on the grounds of non-use.