What happens if I make a trademark and never use it?
Asked by: Kiarra Ernser II | Last update: April 21, 2026Score: 4.8/5 (23 votes)
If you register a trademark and don't use it, you risk losing your exclusive rights through abandonment, as the U.S. Patent and Trademark Office (USPTO) requires continuous use and periodic maintenance filings (like Section 8 Declarations) to keep a registration active, meaning another business can challenge and cancel it, making the mark vulnerable to others using it. Even if registered, the mark becomes a "zombie trademark" that courts won't enforce, and you'll lose your legal leverage, potentially allowing competitors to use it freely after a period of non-use, typically three years.
Can you lose a trademark if you don't enforce it?
You did the work, filed the paperwork, and finally got the green light from the U.S. Patent and Trademark Office. But what happens next matters even more. If you don't defend that trademark, you could slowly lose the legal protection you worked so hard to secure.
Can you register a trademark and not use it?
Yes, you can apply for a trademark even if it is not yet used in commerce. In many jurisdictions, including the United States, you have the option to file a trademark application based on an "intent-to-use" (ITU) basis.
What happens if you abandon a trademark?
When a trademark is abandoned, the trademark owner may no longer claim rights to the trademark. In effect, this frees the trademark so that anyone else can use it without recourse from the original trademark owner.
Do you have to keep paying for your trademark?
Trademark Maintenance: After registering, you may be forced to maintain your trademark through the payment of some fees and submission of some documents from time to time. The maintenance fees range from $100 to $500 depending on the type of trademark and jurisdiction.
Copyright vs Trademark 101: What You Need to Know
Is it better to trademark or LLC?
An LLC protects personal assets from business liabilities (legal structure), while a trademark protects brand identity like names, logos, and slogans from copycats (intellectual property); they serve different roles, with an LLC forming the business foundation and a trademark safeguarding its brand, often used together for comprehensive business protection. Forming the LLC first offers a legal entity, but registering the trademark first secures brand rights earlier, with many recommending an availability search before either.
How long does a trademark stay active?
Trademarks do not have expiration dates.
A federal trademark lasts 10 years from the date of registration, with a potentially unlimited number of 10-year renewal terms. So, every 10 years, the owner of a federal trademark registration must renew it with the U.S. Patent and Trademark Office (USPTO).
Can you cancel your own trademark?
If the mark has already been placed on the Principal Register, the party may petition the USPTO for cancellation of the registration. (15 United States Code, Section 1064.) A cancellation petition may be filed: within five years from the date the mark is published in the Official Gazette.
How to buy an abandoned trademark?
Answer: In order to claim an abandoned trademark, you must follow the registration process from the beginning and submit your own application for the trademark. However, it's important to carefully evaluate the trademark and consider why the last applicant allowed it to abandon.
What is the abandonment law for trademarks?
The Legal Standard for Abandonment
The key standard: if you haven't used your trademark in commerce for three consecutive years, and there's no clear plan to resume, the law presumes you abandoned it. Intent matters just as much as action.
Can someone steal my logo if it's not trademarked?
If your logo is registered with the USPTO (U.S. Patent and Trademark Office), you have a strong legal foundation to stop others from using it. But even without registration, you may still have common law rights if you've been using the logo consistently in commerce.
Is Taylor Swift's name trademarked?
Yes, Taylor Swift has a massive trademark portfolio protecting her name, albums (like Midnights, 1989), iconic lyrics ("This Sick Beat," "The Old Taylor Can't Come to the Phone Right Now"), tour names, and even her cats (Meredith, Olivia, Benjamin) and fan terms ("Swifties," "Swiftmas") for various products and services. Her proactive strategy covers a wide range of merchandise and commercial uses to maintain brand control.
What are the three requirements for trademark?
In order to register a trademark, the trademark must meet three requirements: first use in a particular trade or geographic market, non-functionality, and distinctiveness. Generic words, even if stylized or foreign, cannot be registered as trademarks.
How common are trademark lawsuits?
How Many Trademark Infringement Lawsuits Were Filed in 2020? In 2020, there were 11,941 trademark infringement lawsuits filed in the United States. This figure illustrates the significant number of disputes that reach the litigation stage, emphasizing the aggressive stance businesses take to protect their trademarks.
Is it worth trademarking your business name?
Trademarking your business name gives you legal ownership and nationwide protection. An LLC or domain name does not protect your brand like a trademark does. Waiting too long to trademark can lead to costly legal issues or forced rebranding. DIY trademark filing carries high risks of errors and rejection.
Is registered better than TM?
Registering a trademark (R) offers stronger legal protections than using an unregistered trademark (TM). A registered mark provides a legal presumption of ownership, requiring challengers to meet a higher burden of proof.
What is stronger, TM or R?
Legal Protection: The ® symbol provides stronger legal protection than ™. It gives you the right to sue for trademark infringement if someone else tries to use your registered trademark without permission.
What is a dead trademark?
A dead trademark is an indicator by the U.S. Patent and Trademark office that a trademark application or registration is no longer actively pending. A trademark will be marked dead when a trademark registration is not renewed or when an applicant does not timely respond to an office action or notice of allowance.
How much does a 20 year patent cost?
A 20-year patent in the U.S. typically costs between $15,000 to $30,000 or more over its lifespan, with basic utility patents starting around $10,000-$20,000, influenced by complexity, attorney fees, and crucial maintenance fees due at 3.5, 7.5, and 11.5 years. Costs cover USPTO fees (filing, issue, maintenance), attorney fees for drafting and prosecution (responses to office actions), and can significantly increase for complex inventions or international protection.
How do I abandon a trademark?
An express abandonment may be filed at any time, including if an extension of time to oppose has been filed, unless the application is currently subject to an appeal, opposition, or concurrent use proceeding before the Trademark Trial and Appeal Board. In those cases, you must file this request directly with the Board.
Is trademark fee refundable?
No. Trademark authorities do not refund fees if they reject a trademark registration application. The cost of our Registration Request includes the official fees to submit the application to the local Trademark Office as well as the legal fees for reviewing, preparing and following up on your application.
Is a trademark permanent?
How long do trademarks last? The length of a federal trademark registration term is 10 years, but trademarks can potentially last indefinitely. Unlike patents and copyrights, trademarks do not expire after a set period of time.
Should I get an LLC or trademark first?
For most businesses, form your LLC first, then trademark, because the LLC becomes the legal owner of the trademark, providing asset protection and official business status, but it's wise to do a trademark search before finalizing your LLC name to avoid conflicts and costly rebranding later. Forming the LLC first establishes the entity that will own the mark, simplifying ownership, but checking name availability before formation prevents issues where your chosen business name is already trademarked.
How much does a trademark usually cost?
A US trademark filing costs a base of $350 per class of goods/services with the United States Patent and Trademark Office (USPTO), but total costs vary widely, from a few hundred dollars for simple filings to thousands with attorney fees, handling office actions, or international filings, plus ongoing renewal fees after 5-10 years. Extra USPTO fees apply for using free-form text, specific application types (TEAS Plus), or if the application needs more work (Office Actions).
Can you lose a trademark if you don't use it?
Non-use: You can't keep a trademark that you don't use. In the United States, if you fail to use a trademark in any way for three consecutive years, the United States Patent and Trademark Office (USPTO) will consider it abandoned.