Three consecutive years of nonuse creates a prima facie presumption of abandonment, rebuttable by evidence of intent to resume. Abandonment also occurs through acts causing the mark to lose source significance.
Token use does not preserve rights.
Alternative Names:
Trademark Abandonment|Mark Abandonment
Why it Matters?
The three-year presumption shifts the burden to the owner, who must show intent to resume use during the nonuse period rather than merely intent formed afterward, and business plans and documented efforts from the relevant period are what satisfy it. Token or sporadic use intended only to maintain registration does not constitute bona fide use in the ordinary course of trade and supports abandonment findings.
Frequently Confused with
Related terms
Frequently asked questions
What rebuts the nonuse presumption?
Does token use preserve rights?
