What is an Abandoned Mark? A Comprehensive Legal Overview
Definition & Meaning
An "abandoned mark" refers to a trademark that is no longer in use with the intention of not being resumed. This can occur in two primary ways:
- The owner has stopped using the mark and shows no intention to use it again. If a mark is not used for three consecutive years, it is generally considered abandoned.
- The mark has become a generic term for the goods or services it represents due to the owner's actions or lack thereof. This means it has lost its distinctiveness as a trademark.
Legal Use & context
The concept of an abandoned mark is primarily used in trademark law, which falls under intellectual property rights. It is relevant in various legal contexts, including:
- Trademark registration processes, where proof of active use is required.
- Litigation cases involving trademark disputes, where abandonment can be a defense against infringement claims.
- Business practices, where companies must ensure their trademarks remain in use to maintain their rights.
Users can manage some aspects of trademark maintenance and abandonment through legal templates available on platforms like US Legal Forms.
Real-world examples
Here are a couple of examples of abatement:
Example 1: A company that produces a specific brand of soda stops manufacturing and selling the product for five years. During this period, they do not attempt to market the brand. As a result, the trademark may be considered abandoned.
Example 2: A popular brand of adhesive bandages becomes known as "Band-Aid" to the public, and the owner fails to take action to protect the trademark. Over time, "Band-Aid" may be deemed a generic term, leading to abandonment (hypothetical example).
Relevant laws & statutes
The primary statute governing abandoned marks is found in the Lanham Act, specifically:
- 15 U.S.C. § 1127, which defines abandonment and outlines the criteria for determining whether a mark is considered abandoned.