FREQUENTLY ASKED QUESTIONS Why Is It Important to Preserve Evidence of Use of My Trademarks?

Preserving evidence of use is vital for all trademarks, whether registered, applied for, or non-registered marks.


Here’s Why

Anyone so inclined can request to cancel your trademark unless you can prove three consecutive years of use. If you do not have sufficient evidence to prove trademark activity for those three years, the challenger will likely cancel your trademark successfully.

Even big brands can occasionally suffer this fate with changes to their trademark and its usage.

Evidence Is Critical

It is most disappointing when you are using your trademark and working hard to build your brand, only to face the challenge with no evidence. Be sure to keep a copy of all your business materials like:

  • Business Cards

  • Invoices

  • Screenshots of Your Website

  • Receipts

You can use a service like for manual snapshots of your website on a particular date.

Be sure you have something to show a judge to establish your use of the brand for all the products and services listed in your trademark application or registration.

Only you can preserve evidence that you are correctly using your trademark in the marketplace. Your receipts and customer records are a substantial part of this documentation. 

Records of other fees and expenses like advertising, copywriting, and day-to-day business activities will help support your claim.

Let Us Help

Partnering with Trademark Factory® is another excellent way to maintain critical records indicating your commitment to prudently and legally employ your distinctive trademark. We will cross every T and dot every I as we carefully shepherd your trademark application to approval.

Let our exceptional team of professional trademark attorneys and highly skilled staff of trademark specialists do what they do best by delivering your trademark with our 100% cash-back guarantee of successful registration; You risk nothing.

We will do the comprehensive name search, make sure your application is accurate and complete, file your application with the trademark office and keep you up-to-date as it proceeds through the process. 

And best of all, if your application fails, Trademark Factory® will automatically refund every dollar. Contact us today to learn more and get that trademark you deserve.


Disclaimer: Please note that this post and this video are not and are not intended as legal advice. Your situation may be different from the facts assumed in this post or video. Your reading this post or watching this video does not create a lawyer-client relationship between you and Trademark Factory International Inc., and you should not rely on this post or this video as the only source of information to make important decisions about your intellectual property.