Asked in Intellectual Property for Utah

Q: I have registered a trademark and it remained commercially unused for more than 3 years. Can this trademark be revoked?

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1 Lawyer Answer
Zaven Andranik Sargsian
Zaven Andranik Sargsian
  • Salt Lake City, UT
  • Licensed in Utah

A: Not using a trademark "in commerce" can create significant issues if the trademark holder later attempts to enforce his/her trademark against an alleged infringer. Registration of a trademark is, as the law states it, prima facie evidence of validity (in other words, the law presumes the trademark to be valid). But "use in commerce" is also an important part of trademark validity and enforcement. A defendant can claim that by not using a trademark, that the trademark holder abandoned the trademark (in which case the trademark reverted to the public domain) or that the alleged infringer has better right to the trademark (i.e. priority of use).

You should, in any case, contact a lawyer in Salt Lake City to discuss your situation. Most appropriate would be a Utah attorney dealing with intellectual property law.

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