Abandonment Of A Mark at Law Glossary

What is it? Abandonment occurs when the trademark owner stops using the mark with no intention to resume using it. Use of a mark in this context means the bona fide use of the mark made in the ordinary course of trade, and not made merely to reserve a right in a mark. Nonuse for three consecutive years is prima facie evidence of abandonment. Furthermore, failure to police and enforce a mark can lead to abandonment if the trademark owner is deemed to have impliedly consented to confusingly similar uses of the mark. If abandonment occurs, all rights in the mark cease.

Legal Definition Added By: Isaac

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