Can I lose a trademark registration due to non-use?

Yes, you can lose a trademark registration due to non-use in Massachusetts. A trademark registration is only valid and enforceable if the trademark is being used in commerce. If the trademark is not being used for a period of three years or longer, the registration can be cancelled or declared as abandoned. Non-use of a trademark occurs when the trademark has not been used for a period of three consecutive years. Examples of non-use can include when the trademark is not being used on goods or services that were listed in the registration or if the trademark is not being used in the same form as it appeared when it was registered. Under Massachusetts state law, the trademark owner can be required to provide proof that they have been using the trademark in commerce in order to sustain the registration. If proof of use cannot be provided, then the trademark registration can be cancelled or abandoned. In order to protect a trademark registration, it is important to use the trademark in commerce regularly. In addition, owners of trademark registrations should make sure to update their trademark registration when appropriate. This will help to ensure that the trademark is not considered abandoned or cancelled due to non-use.

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Can I lose a trademark registration due to non-use?

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