Starting from registration the trademark owner has a five-year grace period within which the trademark cannot be contested on the grounds of non-use. After that period anyone may file a cancellation action based on non-use. In such a case, maintenance of the trademark will depend on proof of use or justification of non-use. Furthermore, the owner of such registered trademark cannot assert any claims against third parties, if, within a period of five years preceding the assertion of the claims, the trademark has not been put to effective use.
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