Publications & Presentations
April 1, 2015
Trademark rights can provide protection for your name, brand, and reputation in the community, provided that the marks are continuously used in connection with your goods or services. Although brands change over time, be it the result of rebranding or through mergers or acquisitions, it is important to consider that abandoning a valuable trademark or logo may permit a third party to claim it for its own use, often at your expense.

Trademark rights, unlike patent or copyright rights, can continue indefinitely so long as a mark is used in commerce —even short periods of nonuse are allowed at various points. However, trademark rights do not exist in perpetuity without use in commerce. In fact, a legal presumption exists in trademark law under the Lanham Act that nonuse for a period of three consecutive years without efforts to resume use of the mark equates to abandonment of trademark rights. Failure to maintain your trademark rights may open up opportunities for competitors to step in and claim those rights and exploit the inherent good will associated with those marks.

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