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Abandoned TM question

1082 Views 4 Replies 4 Participants Last post by  binki
TM question (if anyone knows):

If a trademark has been abandoned, can it be revived by someone else? Or is it un-trademarkable after abandonment? I checked the TM practice manual, and there appear to be limitations to whether the abandoner can revive it. But it's vague on whether someone else can pick it up.

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I do not know the answer to your question and i am sure Tim will jump in here shortly but this is just a thought..... if the company/person that owned that trademark had a very negative or derogatory image in the business world do you really want to go behind them???
Usually, abandoned marks can be re-registered by someone else. But there are instances where the purpose of the abandonment was because the mark has become too generic to be eligible for trademark. These marks become public domain and cannot be re-registered.
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Thanks guys for your prompt responses
Here is a good case of abandonment

Overview of Trademark Law

6. Can trademark rights be lost? The rights to a trademark can be lost through abandonment, improper licensing or assignment, or genericity. A trademark is abandoned when its use is discontinued with an intent not to resume its use. Such intent can be inferred from the circumstances. Moreover, non-use for three consecutive years is prima facie evidence of abandonment. The basic idea is that trademark law only protects marks that are being used, and parties are not entitled to warehouse potentially useful marks. So, for example, a recent case held that the Los Angeles Dodgers had abandoned rights to the Brooklyn Dodgers trademarkMajor League Baseball Properties, Inc. v. Sed Non Olet Denarius, Ltd., 817 F. Supp. 1103 (S.D.N.Y. 1993).
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