A mark where the owner has discontinued using it and has no intent to resume using it in the ordinary course of trade. This is also a mark that is allowed to become a generic term or a mark that loses its distinctive significance. Nonuse of the mark for 3 consecutive years is prima facie evidence of abandonment. See § 45 of the Lanham Act. An owner of such a mark has no rights to exclude others from using it.
A good number of the case briefs include excerpts from Dean’s Law Dictionary in the Legal Analysis
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