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Frequently Asked Questions

How do trademarks lose protection?

Trademarks can lose protection through non-use, genericide, failure to renew, improper licensing or assignment, and legal challenges.

If a trademark is not actively used in commerce for an extended period, it may be considered abandoned.

Genericide occurs when a trademark becomes commonly used as the generic name for a type of product or service, such as "aspirin." Failing to renew the trademark registration can also result in loss of protection.

Additionally, if the trademark owner fails to maintain control over the use of their mark through licensing agreements or assigns the trademark without transferring the associated goodwill, it may be considered abandoned.

Lastly, legal challenges can invalidate a trademark if it is found to be descriptive, generic, misleading, or registered in bad faith.

These factors highlight the importance of active use, proper management, and legal compliance to maintain trademark rights.

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