Proper and Continuous Use of Your Trade Mark
As a trade mark owner, it is important for you to use your mark properly and continuously.
You should reinforce the identity of your trade mark by actively applying it with its associated type of
goods and/or services and on mediums such as packaging, websites, marketing materials and trade documents.
You should also be aware that a registered trade mark which is not used consecutively for 5 years may face
the risk of being removed from the Register. Any interested party can apply to the Registry to have an inactive
registered trade mark removed by showing proof of non-use.
Trade Mark Infringement
If you become aware that another party is using a mark which is identical or similar to your trade mark, and in relation to identical or similar goods and/or services with respect to your trade mark, you should act promptly against the infringing party.
If an infringing party uses a registered mark continuously for 5 years without being stopped by the trade
mark owner, it may be deemed that the owner has consented to such use. Therefore, if an infringement proceeding
commences after 5 years of infringing use of the trade mark, the infringing party may defend himself on the
basis of lack of action or protest by the trade mark owner.
For more information on the different routes of handling such a dispute, click here. You may
also wish to consider making an appointment to consult our IP Legal Clinic for preliminary advice from a professional lawyer for better decision-making for your