15 July 2026
Registering a trade mark is important. But registration is not the end of the job.
In Australia and New Zealand, a registered trade mark can be removed for non-use if the owner cannot prove genuine use of the mark. Evidence should be dated, show use as a trade mark, relate to the registered goods or services, and clearly show use by the owner or an authorised user.
If your trade mark is challenged for non-use, you may need to prove that the mark has actually been used, by the right entity, for the right goods or services, during the relevant period.
That sounds simple.
Recent trade mark decisions show it often is not.
Use it or risk losing it
A trade mark registration gives important rights. However, those rights can become vulnerable if the mark is not being used properly.
A competitor, new market entrant or other interested party may apply to remove a trade mark from the Register if it has not been used. If that happens, the owner needs evidence.
Not vague evidence.
Not “we have always used it” evidence.
Actual evidence.
That means records showing when, where, how and by whom the mark was used.
Undated screenshots and loose examples may not be enough
In one recent decision involving a pet-related mark, the trade mark owner relied on examples such as store signage, website extracts and draft packaging artwork.
The problem was that the examples were undated. There was also an issue that other prominent marks appeared in the material, making it harder to show the relevant sign was being used as a badge of origin. The evidence was not enough, and the mark was ordered to be removed.
That is a hard lesson.
Businesses often assume that if a logo appears somewhere, that will be enough.
It may not be.
Evidence needs to show that the mark was used as a brand, not merely as decoration, a slogan, a quality claim or part of a broader design.
The right company needs to use the mark
Another recent decision involved NEST and NEST PROPERTY marks in the property sector.
There was evidence of some use. But there were problems connecting that use to the registered owner or an authorised user. Some material referred to another entity, and there was not enough to link that entity properly to the owner. The result was that the marks were removed.
This is a common issue.
Many businesses operate through multiple entities. One company may own the trade mark. Another may run the website. A third may issue invoices. A related company, franchisee, distributor or licensee may be the one actually using the brand.
That can be manageable.
But it needs to be documented.
If the trade mark is being used by someone other than the registered owner, there should be a clear licence or authorised use arrangement in place.
Business names do not fix the problem
In another matter, involving THE TRAVEL AGENT NEXT DOOR, the evidence included website material and other claimed examples of use. But there were issues with missing exhibits, third party undated advertising copy, business name ownership, lack of authorised use evidence and whether the use shown was actually use of the registered trade mark for the registered services.
Again, the marks were ordered to be removed.
This is another trap.
A business name registration is not the same thing as trade mark use.
A company name is not automatically trade mark use.
A website mention is not automatically trade mark use.
The question is whether the trade mark has been used as a brand for the goods or services covered by the registration.
What good evidence looks like
Businesses should keep a simple evidence file for important trade marks.
That file should include:
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dated website screenshots;
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invoices showing sales under the mark;
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packaging and labels;
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product photos;
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brochures and catalogues;
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social media posts;
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advertising material;
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signage photos;
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distributor or franchise material;
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licence agreements;
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sales records;
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screenshots from online stores;
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examples showing the mark used for the registered goods or services.
The evidence should show:
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the date of use;
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the mark being used;
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the goods or services connected with the mark;
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the entity using the mark;
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the territory of use;
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whether the use was public-facing.
This should not be left until there is a dispute.
By then, websites may have changed, staff may have left, campaigns may have ended and documents may be hard to find.
Trade mark audits are not just for big brands
This matters for small and medium businesses too.
In fact, SMEs are often more exposed because brand ownership can be messy.
Common problems include:
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the founder owns the trade mark personally, but the company uses it;
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one company owns the mark, but another company trades under it;
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the business has rebranded but kept old registrations;
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the mark is used with extra words or logos, but not in the form registered;
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franchisees or distributors use the mark without clear documentation;
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the business expands into new services but does not update its trade mark coverage;
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evidence is scattered across Canva, Instagram, Shopify, old emails and archived websites.
None of this is unusual.
But it should be fixed before someone challenges the registration.
The bottom line
A trade mark registration is valuable.
But it is not a trophy to put on a shelf and forget.
To keep a registration strong, businesses need to use the mark properly, keep evidence and make sure the right legal entity controls the brand.
If you cannot prove use, you may not be able to keep the registration.
IP Solved can help businesses review their trade mark portfolio, check ownership and authorised use, and build an evidence file before a non-use challenge lands.
