Abandonment of Trademark

Abandonment of a trademark, which may also be called abandonment of a mark or trademark abandonment, refers to when the owner of a trademark stops using the mark for a period of time such that the mark is deemed relinquished by the owner.

Determining if abandonment of a trademark has occurred takes into account all of the following considerations. First, the owner of the trademark does not use the mark for at least three consecutive years. Second, the owner of the trademark does not intend to resume use of the mark in the ordinary course of business. Third, the owner of the trademark does not seek to prevent use of the mark or similar marks, which the United States Patent and Trademark Office can construe to mean a party now using the mark has the approval of the formal trademark owner to such use.

If the Patent and Trademark office deems that a trademark owner has abandoned a trademark, the owner of the mark loses all rights to the mark. Another party may seek to prove that a trademark owner has abandoned a trademark by filing a trademark cancellation with the Patent and Trademark Office. The Trademark Trial and Appeal Board of the Patent and Trademark Office reviews such trademark cancellation requests to determine whether the owner of a trademark has in fact abandoned the mark.