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Abandonment (of trademark)

Definition

Abandonment of a trademark occurs when the owner of the trademark deliberately ceases to use the trademark for three or more years, with no intention of using the trademark again in the future. When a trademark is abandoned, the trademark owner may no longer claim rights to the trademark. In effect, this frees the trademark so that anyone else can use it without recourse from the original trademark owner.

Definition from Nolo’s Plain-English Law Dictionary

A situation in which trademark rights are lost because the owner: does not use the mark for an extended period of time with the intent not to resume use; lets others use the mark without adequate supervision; or allows the mark to become a generic term. (See also: generic)

Definition provided by Nolo’s Plain-English Law Dictionary.

August 19, 2010, 5:10 pm