The government does not monitor your use of the trademark. However, a third party can challenge the registration of a trademark any time after it has been registered for three years. You must be able to show ‘use’ of the trademark within the last three (3) years, or provide a satisfactory reason why it hasn’t been used. Otherwise you may lose the registration.

Meaning of ‘Use’ For Wares

Use of a trademark on wares occurs when the trademark is associated with the wares at the time of its sale or delivery. Putting your trademark on a tag or label attached to the ware or its container is the usual and best way of establishing ‘use’ of the trademark. There are also other ways of establishing use, but these depend very much on the particular circumstances involved. Advertising alone does not usually qualify as trademark use for wares. Use of a mark as part of a corporate name, or simply as a decoration on an invoice, letterhead or the like, does not qualify as trademark use in respect of wares.

Meaning of ‘Use’ for Services

A trademark is “used” if it is displayed at the place where the services are provided. The services themselves must be delivered by the owner of the trademark or by a licensee operating under a proper license. Use for services may also occur where the trademark is used in association with the advertising of services. Thus use of a trademark on a store-front sign, or on a newspaper ad, etc., could qualify as trademark use in respect of services.