Are trademark registrations still valid if the owner doesn't use the trademark?
Yes, trademark registrations are still valid if the owner does not use the trademark. In North Carolina, trademark law requires that a trademark be used in commerce in order for it to be registered. However, the validity of the registration does not depend on the continual use of the trademark. This means that the owner may continue to have rights to the trademark, even if they do not actively use it. It is important to note that if a trademark is not used for a continuous period of three or more years, then it is considered to have become abandoned by the owner and may be open to registration by another party. This means that if the owner of a trademark registration stops using the trademark, and another person begins to use a similar trademark, then the original owner may not be able to retain their rights to the trademark. In any case, trademark registration does not guarantee exclusive rights to the trademark. Other parties may still be able to use the trademark in certain circumstances, such as if the use of the trademark is for a non-commercial purpose. It is important to be mindful of these circumstances and to actively use the trademark to ensure that its rights are not infringed upon.
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