The Return of the Battle of the Sevens: What You Need to Know About Trademark Use

A court decision made in 2024 has put the spotlight on how businesses must use their trademarks to keep them protected. The case involved 7-Eleven challenging Seven Network’s ‘7NOW’ trademark, claiming it wasn't being used enough to stay registered. The court agreed with 7-Eleven on some points but allowed 7Network to keep part (in relation to the goods/services it protects) of its trademark.

The Dispute

7-Eleven argued that Seven Network wasn't using ‘7NOW’ enough for the services it registered it for, like software and advertising. The court initially agreed and ordered that the trademark be removed. Seven Network disagreed, claiming they had used it enough and asked the court to allow it to stay registered.

The Court’s Ruling

The court partially agreed with 7Network, saying it misunderstood one of the categories. However, 7Network still lost protection over some goods/services of the trademark, which means 7-Eleven is getting closer to using the name for its new delivery app in Australia.

Key Takeaways for Businesses

  1. Use It or Lose It – Simply owning a trademark isn't enough. It needs to be used in the way it's registered.

  2. Context Matters – The court decided that using the trademark on a website didn’t count as using it for software, but it did count for promoting services.

  3. Courts Have Limited Power to Keep Trademarks – Even if a trademark is not being used, the court can allow it to stay on the register, but only under special circumstances.

What Does This Mean for Your Business?

If your trademark isn’t being used the way it’s registered, it could be at risk of removal for non-use. Now is a good time to make sure you're using it properly across all the goods/services you’ve listed. Being strategic can help protect your valuable intellectual property.

For expert advice on trademarks and protecting your brand, get in touch with us at Trademarkability.