Use that maintains a trade mark

Which use the law recognises

Art. 11 MSchG refers to use in connection with the goods and services claimed. Use in a different form counts if the differences do not affect the distinctive character of the trade mark. Affixing the trade mark to goods, or to their get-up or packaging, intended exclusively for export is also covered.¹

If a third party uses the trade mark with the consent of the proprietor, this is regarded as use by the proprietor. This is relevant, for example, in licensing relationships. The consent, the specific use of the sign and its connection to the goods or services should be traceable later.¹

Which territory is decisive

Under Art. 11(4) MSchG, use in the territory of the European Economic Area or of Switzerland is also regarded as use of a Liechtenstein trade mark. The examination must therefore not be narrowed down to sales within Liechtenstein. The use must nevertheless be genuine and meet the other statutory requirements.¹

This rule concerns the continued existence of the Liechtenstein right. It does not provide automatic protection in Switzerland or in the EEA states. Conversely, whether use is sufficient for a foreign trade mark right must be assessed under the provisions applicable to that right.

Determining the five-year period correctly

For national trade marks, Art. 12(1) MSchG refers to an uninterrupted period of five years after the opposition period has expired without an opposition being filed. If an opposition is filed, the period begins when the decision concluding the proceedings becomes final or when the opposition is withdrawn. The filing date is not the general starting point for this.²

For international registrations with effect for Liechtenstein, Art. 43(3) MSchG contains a rule of its own. What is decisive in principle is the date from which the trade mark can no longer be refused or opposed; if an opposition has been filed, its conclusion is decisive. The start of the period must be determined on the basis of the specific procedure.³

Proving genuine use

The documentation should show the period, territory, extent and nature of the use. Suitable material may consist of invoices, delivery notes, product get-up, catalogues, advertising material and dated online offers. Taken together, the documents should make the link between the sign and the business activity traceable.

The defence of non-use in opposition proceedings has a special reference period: under the conditions of Art. 31b MSchG, use must be proven within the last five years before the filing or priority date of the challenged trade mark. Only the goods and services for which this proof succeeds are taken into account.⁴

Consequences of non-use and resumption of use

Non-use may prevent the trade mark right from being asserted and allow an application for revocation. Proper reasons for non-use remain relevant under the statutory conditions. If the ground for revocation only concerns some of the goods or services, the revocation is limited accordingly.⁵

Resuming use can have legal effect, but is subject to statutory limits. In particular, commencing or resuming use at short notice in anticipation of a foreseeable application for revocation may be disregarded under Art. 12b(3) MSchG. Strategic token activity therefore does not provide a reliable basis for the continued existence of the trade mark.⁵

Conclusion

Use that maintains the right requires a specific use of the trade mark that can be proven. Knowing the relevant period and organising evidence by goods, services and territories makes it possible to answer questions of continued existence and enforcement on a sounder basis.

Sources

1. Art. 11(1)–(4) 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(1) MSchG.

3. Art. 43(3) MSchG.

4. Art. 31b MSchG.

5. Art. 12–12b MSchG.

Last updated: 13 September 2026