Trademark Abandonment

  • Renewing Your Trademark-Excusable Non-Use

    Renewing Your Trademark-Excusable Non-Use

    Anthony Cartee

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    Renewing Your Trademark-Excusable Non-Use Renewing Your Trademark – Even after you have successfully registered a mark with the US Patent and Trademark Office, you are not done in ensuring your mark stays registered and protected. Your trademark application must be renewed 5-6 years after your first registration in order to maintain that registration. You must also renew the year before every ten-year period after the date of registration. Typically, when you renew a trademark, one of the requirements is showing that you have used the mark in commerce continuously since it has been registered. Absent a showing of “use,” your… Read More

  • Trademark Abandonment

    Trademark Abandonment

    Anthony Cartee

    ·

    Trademark Abandonment Trademark Abandonment – Under  section 45 of the Lanham Act a mark will be abandoned under certain circumstances: (1) When its use has been discontinued with intent not to resume such use. There are two parts to this element.  “Intent” may be an actual statement, or implied by circumstances.  What continues a discontinuation of use is tougher to determine by implication, but we have a bright line rule that three consecutive years of nonuse is prima facie evidence of trademark abandonment.  Prima facie is a fancy Latin expression generally taken to mean ‘legally sufficient’ but with the caveat… Read More