In opposition to the registration of a trademark, proof of use can become essential if the applicant requests it under the law. It is not sufficient to show that the trademark is registered: you must be able to document its commercial use for the relevant products or services, during the period and on the territory required by the applicable procedure.
The evaluation is made based on all the entries together. Neither the invoice, the advertisement nor the product photo alone guarantee admission to the opposition.
When proof of use can be requested
In Romania, Article 26(4) of Law no. 84/1998 allows the applicant to require the holder of the earlier trademark that filed the opposition to prove actual use or to invoke justified reasons for non-use. The reference period is five years before the date of filing or priority of the contested application, and the trademark must have been registered for at least five years at the relevant date. For national and international trademarks valid in Romania, use refers to Romania; for the European Union trademark, to the territory of the Union, in accordance with the applicable rules.
In opposition to EUIPO, the request for proof must be made procedurally and unequivocally. If the applicant does not request proof, the office does not verify on its own initiative the use of the earlier trademark. It verifies the term and the concrete conditions in the file.
What should result from the evidence file
The evidence must allow the assessment of the place, period, extent and nature of the use, in relation to the products or services invoked. It matters, for example, whether the documents show:
- where the product was marketed or the service provided;
- in what timeframe the sales or commercial activities took place;
- the volume and frequency of use, relative to the market and the product category;
- how the sign was used and for what products or services.
There is no universal numerical threshold for sales that automatically determines whether the use is effective. The authority assesses the market context and the evidence as a whole.
Examples of useful documents
A coherent file can include invoices and orders, contracts and delivery documents, sales reports, dated advertising materials, catalogs, photographs of products and packaging, archived web pages or documents regarding distribution. For each entry, it is useful to clearly identify the link with the brand, the products or services concerned, the period and the territory.
Advertisements, screenshots, statements or registration certificates can complement the picture, but they do not automatically demonstrate sales or commercial use. Keep the documents linking the market activity to the used trademark: for example, an advertisement dated along with invoices, distribution data and identifiable images of the product. If the trademark appears in a form different from the registered one, explain and document the difference; its relevance depends on its effect on the distinctive character.
How to organize a file that is easy to verify
- It sets the reference date and the five-year period in the concrete procedure.
- It groups the the evidence chronologically and by products or services, indicating the territory.
- Link each trademark document to the commercial activity it proves.
- It briefly explains what each group of entries shows and where the possible gaps are.
- Check the filing requirements, the deadline and the language of the documents with the OSIM or EUIPO.
An orderly presentation helps the authority evaluate the evidence together, without turning the number of documents into a substitute for their relevance.
Official sources
- Law no. 84/1998 on trademarks and geographical indications, art. 26
- EUIPO Guide on oppositions and proof of use
These guidelines are general. For a specific case, the previous mark, the products and services invoked, the deadlines and the applicable procedural rules must be verified. For legal support in evaluating the documents and the procedural steps, consult Legal services.
