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.

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

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