Legal Definitions - abandoned mark

An abandoned mark refers to a trademark that its owner has stopped using in commerce with no intention of resuming its use. A trademark is a word, phrase, symbol, design, or a combination of these that identifies and distinguishes the source of goods or services of one party from those of others. When a trademark is abandoned, its legal protection is lost, and it becomes available for others to potentially adopt and use.

Abandonment can occur in two main ways:

• Intentional Non-Use: The owner explicitly decides to stop using the mark and demonstrates an intent not to resume its use.
• Presumed Non-Use: If a mark is not used in commerce for a significant period (often three consecutive years in the United States), the law may presume that the owner has abandoned it, even if there was no explicit intent to do so.

Here are some examples illustrating an abandoned mark:

• Example 1: Business Closure

  Scenario: "The Cozy Corner Bookstore" was a beloved local shop known for its distinctive logo featuring an open book and a steaming teacup. The owner retired five years ago, closed the business permanently, and has not used the name or logo for any commercial purpose since then.

  Explanation: Because the owner ceased all commercial use of "The Cozy Corner Bookstore" name and logo for an extended period with no intention of resuming, the mark is considered abandoned. This means another bookseller could potentially adopt and register a similar mark without infringing on the original owner's former rights.

• Example 2: Discontinued Product Line

  Scenario: "AquaFlow" was a brand of specialized water filters launched by a major appliance manufacturer. After two years of disappointing sales, the company discontinued the entire "AquaFlow" product line, removed all related marketing materials, and has not used the name or logo for over four years.

  Explanation: The appliance manufacturer's decision to stop producing and selling products under the "AquaFlow" brand, coupled with a prolonged period of non-use, indicates an abandonment of the trademark. This opens the door for another company to potentially use the "AquaFlow" name for its own products, assuming no other conflicting marks exist.

• Example 3: Rebranding by a Startup

  Scenario: A new mobile app developer initially launched their productivity application under the name "TaskTrek" with a unique compass icon. However, after a few months, they decided to completely rebrand to "FocusFlow" with a new logo to better reflect their updated features and target audience. They immediately stopped using "TaskTrek" in all their marketing and app materials and have no plans to ever revert to it.

  Explanation: By intentionally ceasing all use of "TaskTrek" and its associated logo, and clearly demonstrating an intent not to resume its use, the developer has abandoned their rights to that original mark. This makes "TaskTrek" available for others to potentially adopt and use for their own products or services.