Use it or lose it: 5 years of non-use and your trademark can lapse

In both Spain and Europe, a registered trademark that is not effectively used for 5 years can be declared lapsed. Do you have dormant trademarks that should be reviewed?

Registering your trademark is not the end of the work. If you don't use it, you can still lose it. Trademark regulations—both in Spain and at a European level—stipulate that if a registered trademark is not effectively used for 5 consecutive years, any third party can request its lapse due to non-use. I primarily see this in two situations: trademarks registered "just in case" for a business line that never took off, and trademarks that ceased to be used after a rebranding or strategic change, without being formally canceled or their actual use renewed. The good news: "effective use" doesn't mean generating millions in revenue with it. It's enough to be able to demonstrate that the trademark has genuinely been used in the market, in a serious manner, during that period. If you have registered trademarks that have been dormant for some time, it's worth reviewing whether they are still truly protected or if they are just dead letters. Do you have any registered trademarks that you haven't actively used for a while?