KMK Law Intellectual Property Blog

Under the Lanham Act, a trademark is considered abandoned “when its use has been discontinued with intent not to resume such use.” Three consecutive years of nonuse constitutes a prima facie showing of abandonment. As a result, if an owner abandons its trademark, the owner cannot prevent newcomers from coming along and bringing the trademark back to life. Trademark owners must actively use their marks in commerce to ensure a third-party will not revive the mark in the future and benefit from the original owner’s use. The developing case The Real USFL, LLC v. Fox Sports, Inc., demonstrates this concept in full force.