Once a business starts using a trademark, it generally keeps its rights in it as long as it continues using the trademark in its business. In the case of registered marks, this requires the business to make timely renewal filings with the United States Patent and Trademark Office.
The most common way to lose a trademark is abandonment—simply ceasing to use it as part of a business and brand. In many cases, this is an intentional choice by the business owner and a natural part of the progression of the business. One recent popular example is the rebrand of Twitter to X. Though Twitter was a highly known mark, because it is no longer in use as part of the owner’s branding, the owner’s rights in the mark will dissipate over time and eventually be forfeited.
However, a business that isn’t careful can lose rights to a trademark with respect to certain goods or services if it doesn’t offer them for an extended period of time. Generally, non-use of the trademark for three years will result in the owner being deemed to have abandoned it in connection with the products or services, and others will be free to start using the trademark for those offerings. For example, if a business owns a trademark covering “marketing consulting” and “website development,” but never actually makes websites for clients, it will eventually lose its rights to its mark in connection with website development services.
Another risk to be aware of is failure to control trademarks. This most often occurs when a business licenses its trademarks. Licensing marks can provide massive benefits and cross-promotions are an everyday part of many company’s marketing plans. However, when a business licenses its marks without any control over how they are used, it’s given what’s known as a naked license. Naked licenses and failure to control marks can result in loss of rights in the mark. We have significant experience in trademark licensing and can protect against these concerns in licensing arrangements.
