If the owner of an older trademark opposes another mark, the owner of the newer mark can invoke the defense of non-use. The owner of the mark against which the defense is raised must then prove that the mark was maintained and used within the five years preceding the filing (or priority date) of the newer mark. It is crucial that this applies to a mark for which regular opposition is no longer possible. In cases of actual non-use, the mark may be canceled or partially canceled with respect to the goods and services not properly used.
