In use search

An In use search means investigations into trademark use. These investigations allow us to determine whether the trademark owner is in fact using the trademark. In most countries a registered trademark must be used within five years from registration for the goods and/or services for which the trademark has been registered. In case a trademark has not been used in those five years, it may be declared void.

Once a trademark is used, its use may not be interrupted for a successive period of five years.

Objection

Should a third party object to an application for registration of your trademark by virtue of a prior identical or similar trademark, or in case you are interested in registering a trademark having established that a third party already has a registration, you can have us carry out the in use search. Should an owner be using the trademark, we will also be able to find out the extent to which and the goods and/or services for which the trademark is being used.

These investigations should give you a good idea of your position vis-à-vis the owner of a prior trademark registration. If a trademark is not used or in case it is insufficiently used, you may use this information in opposition proceedings or you may commence an invalidity action to have the trademark declared void.

More information

If you are interested in receiving more information about the possibilities and the costs of the in-use research, please feel free to contact one of our advisors at the Legal Section of Nederlandsch Octrooibureau.