Brand AfterlivesBrand Afterlives

Brands are always searching for the perfect branding to withstand the ever-changing consumer market. Even the most powerful brands face pushback from the market following shifting consumer sentiment, cultural sensitivities, and more. INTA Daily News interviewed Finnegan partner Mark Sommers to discuss the implications brands face when they reduce the usage of a trademark.

If a brand reduces or retires the use of a trademark, a third party could argue that the mark is abandoned or defunct and seize it at a low cost. Mark stated that the mere "token" use of a mark, meaning limited or sporadic use of the mark, could prevent a third party from successfully arguing an abandonment assertion.

He cautioned, "In such cases, companies may not be successful in preventing unrelated third parties from 'resurrecting' their marks that have lain dormant for too long."

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