Use and maintenance

The legal classification of use

The law links protection to use for the goods and services claimed. Under certain conditions, use in a form that differs from the registered sign, marking of goods for export and use with the consent of the proprietor also count. For a Liechtenstein trade mark, use in the EEA or in Switzerland is also regarded as use.¹

Non-use and its consequences

If a trade mark is not used during the relevant statutory five-year period, its enforceability and its continued existence may be affected. For national trade marks, the start of the period depends in particular on the expiry of the opposition period or on the conclusion of opposition proceedings. A special rule applies to international registrations.²

Securing evidence in everyday business

Evidence should show which sign was used when, where and for which goods or services. Invoices, packaging, catalogues and documented online offers can together provide a meaningful picture. The register file alone does not document use. The necessary information should also remain available at licensees and distribution partners.

Topics in this section

The focus is on evidence of use, changes to the brand presence, partial use, defences of non-use, revocation and renewal. The in-depth page on use explains the statutory requirements. The page on opposition shows how questions of use become relevant in a specific conflict.

Conclusion

An entry in the register and a paid renewal are no substitute for genuine use. Documenting the use of the trade mark on an ongoing basis improves the basis for defending it later.

Sources

1. Art. 11 of the Law of 12 December 1996 on the Protection of Trade Marks and Indications of Source (Trade Mark Protection Act; MSchG), LGBl. 1997 No. 60, LR 232.11, version of 1 July 2026.

2. Art. 12–12b and Art. 43(3) MSchG.

Last updated: 13 September 2026