Easy Come, Easy Go: Why Trade Mark Use Matters In EasyGroup v Jaybank

On 21 November 2025, the Intellectual Property Enterprise Court (IPEC) issued its ruling in the case of easyGroup vs. Jaybank Leisure Limited, shedding light on important issues surrounding intellectual property rights, and in particular that if trade marks are not used for a continuous period of five years without proper reasons they become vulnerable to revocation and this lack of use can be used as a powerful defence to claims of trade mark infringement.

'Genuine' use, as we know, must be more than token and must demonstrate use of the goods or services as registered by way of real commercial exploitation.

Being able to demonstrate genuine use is critical, and trade mark owners should collate and retain a library of evidence of use relating to their trade marks for the exact goods and services as registered to ensure use can be shown if their marks are challenged for non-use. Examples of use should depict the mark prominently.