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

Yes, you can lose a trademark registration due to non-use in Washington. A trademark is a sign that identifies goods or services as being from a particular source. When a trademark is registered with the United States Patent and Trademark Office, it is presumed to be valid and enforceable for a period of ten years. However, in order for a trademark registration to remain valid and enforceable, you must continue to use the mark or its elements. If you fail to do so, then you risked losing the trademark registration due to non-use. This is true even if the trademark is registered with the USPTO. In Washington, a trademark registration may be cancelled or revoked if it is not used for three consecutive years. The burden of proof is on the party seeking to cancel or revoke the registration. To prove non-use, the person or entity seeking to cancel the registration must show that, during the relevant three-year period, the goods or services with which the mark was associated were not sold or distributed in commerce, and that there was no legitimate business use of the mark. When a trademark registration is cancelled due to non-use, it can no longer be enforced and the rights associated with the mark are lost. Therefore, if you own a trademark, it is important to use it and keep evidence of your use in case it is challenged in the future.

Related FAQs

What is the trademark registration process?
What is the Madrid System and how can it help me register trademarks internationally?
How do I protect my trademark rights internationally?
Can I register a trademark for a service rather than a product?
How do I know if a trademark is already registered?
How much does it cost to register a trademark?
Can another person use my trademark without permission?
What is trademark genericide and how can it be prevented?
What is an Inter-Partes Review and how does it work?
What is a trademark search and why is it important?

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

Related FAQs

Related Blog Posts