Written by Tomas Orsula
Senior Trademark Attorney
Yes. If you don't use a trademark for a continuous period of five years (depending on the jurisdiction), a third party can initiate non-use revocation proceedings, and your rights might be canceled.
In the US, the commercial use requirement is more active, since the owner must file a Declaration of Use between the 5th and 6th year after registration, confirming the mark is still in commercial use. Failure to do so results in automatic cancellation; no third parties are obligated to initiate the non-use revocation proceedings.
To avoid cancellation, using the trademark on goods or services in the registered class, in the jurisdictions where it is registered, is the most straightforward way to maintain your mark.
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