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LSDefine
Simple English definitions for legal terms
abandoned mark
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A quick definition of abandoned mark:
An abandoned mark is a symbol or name that a company used to distinguish its products from others, but they stopped using it and have no plans to use it again. If a mark is abandoned, the owner loses the right to stop others from using it. To be protected, a trademark must be unique and registered with the U.S. Patent and Trademark Office. If a mark is not used for three years, it is considered abandoned.A more thorough explanation:
An abandoned mark is a trademark that its owner has stopped using and has no intention of using again in the future. It may also refer to a mark that has lost its distinctive significance or has become a generic term. Nonuse of a mark for three consecutive years is considered evidence of abandonment under the Lanham Act. The owner of an abandoned mark has no trademark rights to prevent others from using it.
For example, if a company stops using its logo and does not plan to use it again, the logo becomes an abandoned mark. Another example is when a trademark becomes so commonly used that it loses its distinctiveness, such as "escalator" and "aspirin," which were once trademarks but are now generic terms.