HopefullyInLawSchool
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LSDefine
Simple English definitions for legal terms
abandoned trademark
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A quick definition of abandoned trademark:
An abandoned trademark 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 trademark is abandoned, it loses its legal protection, and anyone can use it. A trademark must be unique and not just describe the product to receive legal protection. If a trademark is not used for three years, it is considered abandoned.A more thorough explanation:
An abandoned trademark is a mark that the 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.
For example, if a company stops using its logo and has no plans to use it again, the logo becomes an abandoned trademark. The owner of an abandoned mark has no trademark rights to exclude others from using it.