Written by Tomas Orsula
Senior Trademark Attorney
Yes. The Intellectual Property Office can conduct randomized checks and reviews of a trademark's use by requiring the applicant to provide proof of the trademark being used for the registered purposes in commerce in the country of registration. If no evidence of use is provided, the trademark will be deemed 'abandoned', leading to the loss of status of a registered trademark.
Especially with US trademarks, you will need to prove the usage of the trademark in commerce. If you file your application on an 'intent-to-use' basis, you will need to submit a Statement of Use with this proof (usually after 6 months from the date of filing). Between the 5-6th year after registration, you will be asked to file a Declaration of Use with yet another proof of the trademark's usage. If you fail to prove using the trademark, the IP Office will not prolong its validity.
Can I get a trademark even after receiving an office action?
What's the difference between the use-in-commerce and intent-to-use basis?
Is there a way to update our trademark registration if we decide to alter our logo?
Could going through WIPO cause any issues for our global trademark registration?
What makes a brand eligible to be registered as a trademark?
What are the 4 main types of intellectual property protection?
I have a registered LLC in US. Can I apply for trademark in France on my US LLC?
I have a brand logo and name, do I need two trademark applications to protect my brand?
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