Are trademark registrations still valid if the owner doesn't use the trademark?
Yes, trademark registrations are still valid even if the owner does not use the trademark. In Massachusetts, trademark law states that a trademark registration can remain valid for an indefinite period of time so long as the owner continues to use the mark in a “substantially continuous” manner. If the trademark owner does not use the mark for an extended period of time, they may eventually lose the exclusive right to the trademark even though the registration still technically exists. This consequence is known as “abandonment” of the trademark. In Massachusetts, a trademark registration will be considered abandoned if the owner has not used it in business transactions for three consecutive years. It is also possible for a trademark to be considered abandoned if the owner does not police their mark, meaning that if the owner does not take steps to prevent infringement by third parties, a court could decide that the mark has been abandoned. If a trademark is found to have been abandoned, it may be adopted by another party. Because of this, it is important that trademark owners monitor their trademarks and take steps to prevent the abandonment of their marks. If the owner does not use the trademark but wishes to protect their rights, they should file a trademark renewal with the USPTO. This will help them preserve their rights even if they do not actively use the trademark.
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