Linton, IN asked in Trademark for Indiana

Q: If I stop using my trademark, does my trademark registration become invalid?

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1 Lawyer Answer
Paul Overhauser
Paul Overhauser
Answered
  • Trademarks Lawyer
  • Indianapolis, IN
  • Licensed in Indiana

A: The registration does not become invalid, although unless you intend to continue using trademark, you could be deemed to have "abandoned" the trademark, making it unenforcable. A Federally registered trademark is presumed to be abandonded if it is not used for three years. Specifically, 15 U.S.C. §1127 states: Abandonment of mark. A mark shall be deemed to be "abandoned" when either of the following occurs: (1) When its use has been discontinued with intent not to resume such use. Intent not to resume may be inferred from circumstances. Nonuse for three consecutive years shall be prima facie evidence of abandonment. "Use" of a mark means the bona fide use of that mark made in the ordinary course of trade, and not made merely to reserve a right in a mark. (2) When any course of conduct of the owner, including acts of omission as well as commission, causes the mark to become the generic name for the goods or services on or in connection with which it is used or otherwise to lose its significance as a mark. Purchaser motivation shall not be a test for determining abandonment under this paragraph.

Paul Overhauser

www.iniplaw.org

www.overhauser.com

317- 891-1500

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