Legal Definitions - express abandonment

Express abandonment refers to the clear, overt, and intentional act or statement by which a person or entity gives up a legal right, claim, or property. Unlike implied abandonment, which is inferred from actions or inaction, express abandonment involves a direct declaration or a specific action that leaves no doubt about the intent to relinquish something.

Here are some examples illustrating express abandonment:

• Imagine a small startup, "Eco-Cycle," that initially filed a trademark application for its logo to be used on reusable water bottles. After a year, the company decides to pivot its business entirely to manufacturing electric bicycles and no longer plans to produce water bottles. To avoid future maintenance fees and to clearly indicate they no longer wish to pursue the trademark for water bottles, Eco-Cycle files a formal declaration with the patent and trademark office stating they are expressly abandoning their trademark application for water bottles.

  This is express abandonment because Eco-Cycle took a direct, official action (filing a formal declaration) to clearly state their intent to give up their right to the pending trademark application for that specific product category.

• Consider a homeowner who has an easement (a right to use another's land for a specific purpose) allowing them to cross their neighbor's property to access a public park. The homeowner later sells their house, which now has direct access to the park through a newly built gate on their own property. To formally remove the burden on their former neighbor's land, the homeowner signs and records a legal document stating they are expressly abandoning their easement rights over the neighbor's property.

  This illustrates express abandonment because the homeowner executed a formal, recorded legal document that unequivocally declared their intention to relinquish their specific property right (the easement).

• A software developer files a patent application for a unique algorithm. During the patent examination process, they realize that a very similar algorithm has already been patented by another company, making their application unlikely to succeed. To save on further legal fees and to avoid any potential future disputes, the developer sends a signed letter to the patent office explicitly stating their intention to expressly abandon their patent application for the algorithm.

  The developer's signed letter to the patent office is an act of express abandonment. It is a direct and clear declaration of their intent to give up their claim to the patent application.