Use: it’s without question one of the biggest issues in
trade mark law. It’s an issue that can come up in a number of
scenarios. At least a genuine intention is needed to use a trade
mark to get it registered. Considerable use may help get a trade
mark registered in the face of various objections. Once registered,
the trade mark needs to be used to make sure that the registration
can’t be cancelled for non-use by a competitor. Considerable
use may ensure that the registration has wider enforcement rights
than most other registrations. In fact, in some cases, considerable
use may even give enforceable rights to the trade mark even without
a registration.
So, if use is so important, why do most companies pay so little
attention to it?
