Orlando, FL asked in Trademark for Florida

Q: Can a trademark ever go inactive? If so, how many years would that take?

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3 Lawyer Answers
Terrence H Thorgaard
Terrence H Thorgaard
Answered
  • Freeeport, FL
  • Licensed in Florida

A: "... As a trademark must be used to maintain rights in relation to that mark, a trademark can be 'abandoned' or its registration can be cancelled or revoked if the mark is not continuously used. ... "

https://en.wikipedia.org/wiki/Trademark#Comparison_with_patents.2C_designs_and_copyright

Terrence H Thorgaard
Terrence H Thorgaard
Answered
  • Freeeport, FL
  • Licensed in Florida

A: "... Trademarks rights must be maintained through actual lawful use of the trademark. These rights will cease if a mark is not actively used for a period of time, normally 5 years in most jurisdictions. ..."

https://en.wikipedia.org/wiki/Trademark#Maintaining_rights

Griffin Klema
Griffin Klema
Answered
  • Trademarks Lawyer
  • Tampa, FL
  • Licensed in Florida

A: Generally, a trademark registration (different from the right itself) can become abandoned. However, the underlying right (based on use), can continue indefinitely, so long as it is being used in commerce. Sometimes, people forget or fail to renew a trademark registration, but that may not extinguish the actual enforceable right. U.S. registrations last for 10 years. In Florida, a state registration lasts for five.

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