Can You Lose Rights in a Trademark?

Once you obtain the rights to a trademark , you want to make sure you hang onto it. The most common way a trademark is lost is by abandonment, or stopping use of the mark with no intention of using it again.

There are also ways the owner of a mark can unintentionally lose the rights to it. In some countries, it may be possible to lose your rights in a trademark by granting a license to use the mark to other parties without maintaining control over the nature and quality of the goods or services the licensee sells under the trademark.

It may also be possible to lose rights to a trademark by misusing it (or failing to prevent the misuse of it by others). If the end result is that the mark becomes to be used as a generic name by the public, the trademark loses its significance. For example, escalator was once a trademarked name, but it later became a generic name of the product for which it had been used as a brand.

Below are a few tips for preventing the loss of your trademark rights:

Use the mark as an adjective with the generic name of the product following it (KLEENEX tissues)

Do not pluralize singular trademarks (OREO, not OREOS)

Do not make a modify a mark from its possessive form (LEVI’s jeans)

Do not use marks as verbs (you are photocopying, not xeroxing)

The attorneys at The Swenson Law Firm provide a variety of business law services to entities of all sizes. Contact us today to schedule your initial consultation.

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