Legal Definitions - abandonment (of trademark)

Abandonment (of Trademark) occurs when the owner of a trademark intentionally stops using that trademark in commerce for a significant period, typically three years or more, and has no plans to resume its use. When a trademark is abandoned, the original owner loses their exclusive legal rights to it. This means the trademark becomes available for others to use without permission or challenge from the former owner.

Here are some examples to illustrate this concept:

• Imagine a local bakery named "Sweet Delights Bakery" that operated successfully for many years. Due to the owner's retirement and no family members wishing to take over, the bakery permanently closes its doors, sells all its equipment, and the owner publicly states they will not be reopening a bakery business. If three years pass and the owner has made no attempt to use the "Sweet Delights Bakery" trademark for any baked goods or related services, the trademark would likely be considered abandoned. Another entrepreneur could then potentially use that name for a new bakery without infringing on the original owner's former rights.

• A technology company developed a unique mobile application called "Mindful Moments", which helped users with meditation. They registered the trademark for the app. After a few years, the company decided to shift its focus entirely to enterprise software, discontinuing "Mindful Moments" and removing it from app stores and all marketing materials. They announced that they would no longer support or update the product. If five years go by without the company using the "Mindful Moments" name or logo for any new software or related services, the trademark would be considered abandoned. This would allow a different developer to potentially launch their own meditation app under the "Mindful Moments" name.

• Consider a small clothing brand that launched a line of children's wear under the name "Little Explorers Apparel." While initially popular, the founder decided to pursue a different career path and never produced another collection under that brand. For four years, no garments, accessories, or marketing materials bore the "Little Explorers Apparel" mark, and the founder made no effort to sell or license the brand. Even if the founder didn't explicitly declare an intent to abandon, the prolonged lack of use in commerce, combined with no apparent plans to revive the line, would likely lead to the trademark being deemed abandoned. This would open the door for another children's clothing company to adopt and use "Little Explorers Apparel."