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Can a trademark be removed from trademark register if it is not being used?

Founder & Trademark Attorney

Yes. In most jurisdictions, a third party can apply to have a registered trademark canceled if it has not been put to genuine use for a continuous period of five years (the exact period depends on the jurisdiction). This is known as a non-use revocation or cancellation action.

Once such an action is filed, the trademark owner must provide evidence of genuine commercial use during the relevant period. If they cannot, the mark is removed from the register.

In the US, non-use can also lead to cancellation before the five-year period, since owners are required to proactively file a Declaration of Use between the 5th and 6th year of registration.

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