Brand use in the product development phase? – Boswelan
A common way for a company to get rid of troublesome trade mark registrations by a potential competitor is to file for cancellation on the basis of non-use. This situation can prove particularly dangerous for companies that are in the process of developing the product for which the mark is intended. In such cases, how can genuine use of the mark be demonstrated in the product development phase? Alternatively, when is non-use justified so that the trade mark cannot be cancelled? This issue is relevant not only to new trade mark applications, but also to the acquisition of existing trade marks for a future product.