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Why does a trademark owner have a duty to use its trademark?




When it comes to industrial property, a patentee who fails to use or underutilizes their patent may face compulsory licensing, but their patent will still be protected by law. In contrast, a trademark owner must use their trademark, and if they fail to do so for more than three consecutive years, the trademark may be cancelled. A trademark's value lies in its use, and if it remains unused for too long, it loses its ability to identify the source of goods or services. Therefore, it is necessary to clear the trademark register of unused trademarks to optimize registration resources. In selecting trademarks, applicants often seek easy-to-remember and recognizable names, which can be limited, making it even more important to maintain an active and recognizable trademark.



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