The short answer
Yes, that risk exists. Renewal maintains the protection period but does not replace the required use. A trademark unused for five consecutive years can become vulnerable to challenge. It is not automatically deleted five years after filing.
Two separate issues in your trademark records
A registered trademark's protection period can be renewed for ten years at a time. A timely request and fee are required. The owner is responsible for the deadline, even though the IPI normally sends a reminder.
Use is a different question: Is the sign used for the registered goods or services? Keep your renewal calendar separate from your evidence of market activity. A payment receipt does not show which products were offered under the sign.
Sources: IPI: Renewing trademark protection on time · IPI: Use requirements and non-use of a trademark
Non-use does not cause automatic deletion
The IPI describes a cancellation procedure for trademarks unused for five consecutive years. For Swiss marks, the initial grace period for use begins once the opposition period has expired without opposition, or once opposition proceedings have ended. The owner can rely on use or proper reasons for non-use. Civil court proceedings are also possible.
A register entry alone therefore does not conclusively establish enforceability. Equally, nobody should consider someone else's mark available simply because their online shop is quiet. A specific assessment must examine the period, offerings, actual use and possible justifications.
Sources: IPI: Use requirements and non-use of a trademark · IPI: 2026 Trademark Guidelines, use and non-use
Build a practical set of records
Create a separate folder for each trademark. Dated invoices, packaging photographs, catalogues and documented offers can be useful preparation. Link each document to the sign and the goods or services concerned. This avoids searching through different archives when a question arises.
This collection is a working aid, not guaranteed proof of use. Discuss the issues arising from longer business interruptions, discontinued product lines or a new logo. At the same time, check that your renewal deadline and the person responsible for it are clearly established internally.
Sources: IPI: 2026 Trademark Guidelines, use and non-use · IPI: Renewing trademark protection on time
What you can do now
- Set a renewal date and responsible person for each registration.
- Organise dated records of actual market activity by trademark and offering.
- Clarify prolonged non-use and substantial changes before making decisions.
Frequently asked questions
Does every renewal start a new grace period for use?
No. The IPI's guidelines state that renewal does not start a new grace period. A renewed protection period therefore does not resolve an existing lengthy period of non-use.
Must I keep track of the renewal deadline myself?
Yes. The IPI normally sends an expiry reminder but expressly places responsibility for the timely request and payment on the trademark owner.