ABANDONMENT OF TRADEMARK Meaning and
Definition
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Abandonment of trademark refers to the intentional act of an owner or holder of a trademark giving up their rights and no longer using or protecting the trademark. This occurs when the owner or holder demonstrates an intent to permanently discontinue the use of the trademark in connection with their goods or services.
Abandonment can occur in various ways, such as the owner ceasing to use the trademark, not renewing its registration, or affirmatively declaring the abandonment of the mark. It is important to note that mere non-use of a trademark does not automatically lead to its abandonment; rather, it requires a clear and explicit intention by the owner to abandon the mark.
Once a trademark has been abandoned, the owner loses their exclusive rights and protection associated with the mark. This means that others may now use the abandoned mark without infringing upon any trademark rights. Additionally, the abandoned trademark can no longer serve as a basis for legal action, such as filing a trademark infringement suit or claiming trademark dilution.
To avoid abandonment, trademark owners should actively use and protect their marks to establish their continued rights and prevent others from using similar marks. By doing so, they can maintain the strength and exclusivity of their trademarks in the marketplace.
