Opposition and cancellation proceedings in the EU and the Benelux
You may need to provide proof of genuine use of your trademark in opposition or cancellation proceedings. This overview explains what material you can collect and how to submit it.
We will tell you which period or periods, territory and goods or services are relevant to your case. A focused selection and clear organization help us review the material efficiently.
Together, the evidence should establish:
The evidence is assessed as a whole. Documents without a clear date or location may still support your case if other documents provide the missing information. Submit the original documents and explain any missing context separately.
Invoices can be important evidence of actual sales of goods or provision of services. Select invoices spread across the relevant period, for example, several invoices per year and invoices to different customers. Where possible, include a representative geographical spread within the relevant territory.
Amounts, quantities and the frequency of sales can help show the extent of use. The connection between the invoices, the trademark and the goods or services must be clear.
If your invoices only show product codes or reference numbers, also provide a catalog, price list or product overview that links the codes to the products and the trademark.
Provide product or service catalogs and price lists that clearly show the trademark name or logo. These can also help link product codes on invoices to the relevant products.
Where possible, use material from the relevant period. If a catalog or price list is undated, explain which period it relates to and which other documents support this.
Examples include advertisements, newspaper or magazine articles, brochures, advertising campaigns and website pages. Documents relating to trade show participation and relevant customs documents may also be useful.
For online material, provide the URL and publication or archive date where available. To document earlier use on your website, you can provide archived pages from services such as the Wayback Machine. Keep the visible archive date and the corresponding URL.
Photographs of products, packaging, labels and tags can show how the trademark is used. Explain which products and period the material relates to. Where possible, link it to invoices, catalogs or other dated documents.
If you have already commissioned independent market research concerning the trademark, provide the report together with the research date, territory covered and research methodology.
Provide screenshots, printouts or exports of relevant posts. Include the platform, publication date and URL. Make sure the trademark and the goods or services shown in the post can be clearly identified.
Certifications, rankings, awards and other documents may provide supporting evidence. Explain what each document shows and how it relates to use of the trademark during the relevant period and in the relevant territory.
Organize the material by document type and give each attachment a clear file name and number, for example:
01_Invoice_2024-03-15_NL.pdf02_Catalog_2024.pdf03_Advertisement_2023-09-20.pdfInclude an index listing each attachment's number, document type, date or period, country or territory and a brief explanation of the goods or services concerned. Also identify related documents, such as an invoice and its corresponding catalog.
Please send your material as early as possible, no later than one week before the procedural deadline we have communicated to you. This gives us time to review and process it and, if necessary, request additional documents from you.
If you have questions about selecting or submitting your evidence, get in touch with your AOMB contact or contact us.