Trademark Abandonment from Discontinued Use | Practical Law

Trademark Abandonment from Discontinued Use | Practical Law

This Note discusses abandonment of trademark rights due to discontinued use of a mark. Topics covered include circumstances where parties typically assert abandonment, the elements, and burdens of proving abandonment (including the presumption of abandonment resulting from three years of nonuse), and strategies for proving and avoiding abandonment of trademark rights.

Trademark Abandonment from Discontinued Use

Practical Law Practice Note w-013-2666 (Approx. 32 pages)

Trademark Abandonment from Discontinued Use

by Rose Auslander (Ret.), Carter Ledyard & Milburn LLP and Scott Sisun, Sisun Law, with Practical Law Intellectual Property & Technology
Maintained • USA (National/Federal)
This Note discusses abandonment of trademark rights due to discontinued use of a mark. Topics covered include circumstances where parties typically assert abandonment, the elements, and burdens of proving abandonment (including the presumption of abandonment resulting from three years of nonuse), and strategies for proving and avoiding abandonment of trademark rights.