What are ways an owner can lose trademark rights? 

TrademarksIP Litigation
Written By Klemchuk LLP

Key Takeaways Regarding Claims of Naked Licensing or Trademark Abandonment

  • A challenger asserting abandonment must not only prove nonuse for three consecutive years, but also the intent to not resume using the trademark (a very hard issue to prove in a contested case).

  • The transfer of goodwill does not require the transfer of all the assets associated with the business. 

Read about lessons learned in Naked Licensing and The Mustang Ranch Brothel.

Klemchuk LLP

This blog is published by Klemchuk LLP, a litigation, intellectual property, transactional, and international business law firm dedicated to protecting innovation. The firm provides tailored legal solutions to industries including software, technology, retail, real estate, consumer goods, ecommerce, telecommunications, restaurant, energy, media, and professional services.

The firm publishes Ideate, a blog discussing the latest news and insights into intellectual property law, business, and culture.

Previous

What is YouTube’s content ID system and why are artists alleging copyright infringement? 
Next

How can the Booking.com trademark decision affect IP law?