Abandonment of a trademark occurs when the trademark owner ceases to use it with the intent not to resume use. In intellectual property law, trademarks are used to identify and distinguish goods or services in the marketplace. When a trademark is abandoned, it may lose its legal protection.
Here are some key points regarding the abandonment of a trademark:
- Non-Use: Trademarks must be actively used in commerce to maintain their legal status. If a trademark owner stops using the mark for an extended period without the intention of resuming use, it may be considered abandoned.
- Intent to Abandon: Abandonment requires not just non-use but also the intent not to resume use. The mark may not be deemed abandoned if a trademark owner can demonstrate a genuine intention to resume use.
- Failure to Police: Trademark owners are also expected to protect their trademarks against infringement actively. If a trademark owner fails to act against unauthorized use of the mark, it might weaken the protection and potentially lead to a claim of abandonment.
- Statutory Periods: In some jurisdictions, there may be statutory periods of non-use after which a trademark is presumed abandoned. The length of these periods can vary, so trademark owners need to be aware of the specific laws in their jurisdiction.
- Renewal Requirements: Trademark registrations often require periodic renewals. If a trademark owner fails to comply with renewal requirements, it can result in the abandonment of the mark.
Trademark owners must monitor and actively manage their trademarks to prevent abandonment. If a trademark is considered abandoned, it may lose its legal protection, and others may be able to use similar marks without infringing on intellectual property rights. In some cases, abandoned trademarks may be subject to cancellation by the relevant intellectual property office.
