Losing rights to a trademark
Once a trademark registration is received, can it be lost?
Yes. The most obvious method of losing rights to a trademark is by not renewing it.
Additionally, trademark rights may be lost through genericity. This is when the trademark becomes generic and has lost its distinctive nature. Examples of this are the terms cellophane, aspirin, and thermos.
To the surprise of most people, trademark rights may also be lost through improper licensing and assignment. For example, if a trademark is assigned to a third party without a sale of assets, the trademark will be canceled. Additionally, if the trademark is licensed and the owner inadequately supervises the use of the trademark, then the trademark will be canceled.
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Related Categories: Patents, Trademarks, Copyrights
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