Q: I registered a trademark for my company's logo about 20 years ago.
8 years later, I stepped away from my business to start a family. I've decided to return to the business but discovered someone else using the logo now. When I told them to cease and desist, they said they were entitled to keep it since they'd had it for several years and I had abandoned it. Is this true?
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A: A TM can be deemed abandoned for non-use and failure to file post-registration mandatory filings to maintain it, however the logo may have been separately protect-able by copyright law which does not require subsequent filings to maintain. This sounds like a very intreresting case, right in the wheel house of matters I love to work on. If you want to send me more details feel free to email me privately.
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