We have seen that trademarks that are not currently being used, but will be used in the future, are included as registrable. However, for intention to use, it is insufficient to simply state the intention. It is necessary to show a likelihood of use in the future.

Marks that have not been used for three years are illegal and are called “dead wood;” they can be canceled for non-use. Of course, because it is difficult to examine a subjective intention, so called defensive trademark registrations do exist in actuality, even though there is absolutely no intention to use them, but at a theoretical level, they are not allowed.

From the www.uspto.gov site:

WHAT IS A DECLARATION OF EXCUSABLE NONUSE?

A §8 Declaration of Excusable Nonuse is a sworn statement, filed by the owner of a registration, that the mark is not in use in commerce due to special circumstances that excuse such nonuse and is not due to any intention to abandon the mark. Section 8 of the Trademark Act, 15 U.S.C. 1058.

In general, nonuse must be temporary, and the owner must clearly demonstrate how the circumstances prevent use of the mark in commerce and what efforts are being made to resume use. Please note that nonuse due to the decreased demand for a product does not by itself constitute “excusable nonuse.”

It seems like there is a lapse in the use of the trademark here.