Once you can claim continuous use in the United States for a period of five years an affidavit can be filed to make the registration and the ownership of your rights incontestable. However, nonuse for a period of three years in the United States constitutes a presumption of an intention to abandon the mark and if challenged by a competitor, the registration will be removed from the Register, in the absence of special reasons. An intention to use is all that is required. However, in common with the United States, nonuse creates a presumption of abandonment, but the period of nonuse required for the EU is five years. It is believed that use of the mark in one Member State or on goods exported from a Member State constitutes sufficient use within the EU to maintain the registration in its entirety.
Some countries also require the original registration certificate for endorsement of the renewal.
However, even in those jurisdictions, there are nonuse provisions for cancellation usually, but not always, of five years. The countries which, like the United States, require evidence of use include Cambodia, Haiti, OAPI, Philippines, Swaziland and Taiwan. In other countries where it was necessary to base on a home registration, renewal is only possible if the base registration is still in force. Once again, check the requirements for a given country that is important to your business. Failure to observe simple actions necessary to maintain your valuable intellectual property rights can prove costly.