Can you lose your trademark if you don't use it?

Photo of Tomas Orsula

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.

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