Are trademark registrations still valid if the owner doesn't use the trademark?
In Washington, trademark registrations are still valid if the owner does not use the trademark. This is because trademarks are meant to protect the creator or owner of a product or service. They are a way to distinguish the product or service from others of the same type. Trademark registration is a legal process that gives the owner exclusive rights to a name, slogan, or logo associated with a product or service. Although trademark registration is meant to protect the rights of the owner, the owner must then demonstrate “use” of the trademark in order to maintain that protection. This means that the owner must actively use the trademark in commerce to produce or sell goods or services. If the owner does not use the trademark, the trademark registration will eventually expire. However, the Washington State Supreme Court has held that a trademark registration is still valid even if the owner does not use the trademark. The court believes that if an owner registers a trademark but does not use it, it is not fair to allow a competitor to use it and benefit from that ownership. That is why it is important for owners to use their trademarks or risk having them taken away, either through expiration or by a court ruling.
Related FAQs
How long does it take to register a trademark?How can I protect my trademark from infringement?
How can I protect my trademark from counterfeiters?
What happens if two companies have the same trademark?
What is the trademark registration process?
What is the difference between state and federal trademark registration?
What is required in order to obtain a trademark registration in another country?
How can I protect my trademark against cybersquatting?
What is the Madrid Protocol and what benefits does it provide?
What is the difference between a trademark and a trade dress?
Related Blog Posts
Understanding the Basics of Trademark Law - July 31, 2023The Most Common Questions About Trademark Law - August 7, 2023
Protecting Trademarks in Canada: What You Need to Know - August 14, 2023
Trademark Law: How to Protect Your Intellectual Property - August 21, 2023
Avoiding Common Mistakes When Registering Trademarks - August 28, 2023