The short answer
Trademark use is not established merely because a website exists. Records should make it possible to identify which sign was used for which registered goods or services, when and in the relevant market. An organised picture combining trading documents with the actual brand presentation is usually more informative than an isolated screenshot or visitor count.
Connect the sign with the specific offers
Article 11 of the Trade Mark Protection Act connects use with the goods and services for which protection is claimed. Keep product pages, offers and invoices in a way that preserves their connection with the sign. A company name on letterhead does not automatically establish trademark use for every product appearing on the invoice.
The IPI Guidelines discuss invoices, brochures and price lists as possible evidence where the relevant connection can be identified. Organise documents by actual offers and trademark versions. Filing everything under a general company name makes it harder later to explain which specific right the records are intended to substantiate.
Sources: Fedlex: Trade Mark Protection Act, Article 11 · IPI: 2026 Trademark Guidelines, evidence of use
Make timing, market and real trading activity traceable
Regularly retain dated versions of relevant shop pages alongside associated sales records. Record which products were ordered and the identifiable connection between the activity and the relevant territory. The documents should fit together. A screenshot created today does not by itself establish that the same presentation existed several years earlier.
Visitor statistics, social posts and advertising campaigns may provide context, but do not replace every other detail about actual use. There is no universal number of clicks or invoices that determines every case. Document existing facts rather than reconstructing dates or inventing sales. Assessment depends on the particular sign, offer and period concerned.
Record partner use and revised logo versions
Under Article 11, use with the owner’s consent counts as use by the owner. Where licensees or distribution partners use the mark, both consent and actual use should be documented clearly. Arrange access to appropriate records of their market presence as well as the agreement itself.
The Act also recognises variations that do not alter the distinctive character. This does not make every logo version interchangeable. Archive the versions actually used and assess substantial changes separately. Use needs to relate to the claimed mark; another registration does not replace evidence of actual use of the existing right.
Sources: Fedlex: Trade Mark Protection Act, Article 11 · IPI: using a registered trademark
What you can do now
- Connect the sign, offers, dates and relevant market in one evidence record.
- Supplement shop versions with traceable sales and service records.
- Regularly document partner consent and the versions of signs used.
Frequently asked questions
Is a screenshot of the homepage enough?
It can form part of the record. Alone, it often does not show a sufficient period or the connection to specific goods, services or actual trading activity. Add appropriate supporting documents.
Does use by a licensee count?
Article 11 treats use with the owner’s consent as use by the owner. Actual use and its connection to the claimed goods or services must nevertheless be capable of being established.