World Intellectual Property Organization

Can I own a mark and not necessarily use it?

As a general principle, once your trademark has been registered it should be used. If your mark is not put to use, its registration is liable to be cancelled on the application of a third party who can show that it has not been used. In most countries, a mark will not be so cancelled unless it can be established that there has been at least three years of non-use. In this context, it would be advisable to check the legal position in the country or countries for which your mark has been registered.

If, however, the owner of a mark can establish that, despite every intention to use the mark, he was prevented from doing so due to circumstances beyond his control, the mark may not be subject to cancellation.

Explore WIPO