Top 3 Ways to Lose Your Trademark

If you have read prior blogs, you know that federally registering a US Trademark is just one step in the journey of brand protection and is unfortunately not fool proof. Below are the top 3 ways we see people losing their trademark.

First Use Fight

 During at least the first five years of your trademark registration, a prior user can come forth and start a cancellation proceeding, claiming they used the trademark first, and, therefore, have superior rights to utilize it. If you lose the first use fight, you lose the trademark. You likely will also have to cease using it. 


Once a U.S. trademark is registered to you, you have to take affirmative steps to maintain it. One of those steps is use. You must continue to utilize your trademark the way that you registered it for the goods and services that you identified that you would be using it on. Every five to ten years, you will need to perform a continued use filing, to provide continued use and you will need to show evidence of continued use or you may lose the trademark. 


You are required to perform filings every five or ten years to prove continued use of a federal trademark. If you forget to perform the filing, you will lose the trademark. 


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