4 ms·

> There is no such obligation. Yes, if you don't enforce a trademark you can lose it... Your second sentence kinda refutes the first, doesn't it? I mean, if y

> There is no such obligation. Yes, if you don't enforce a trademark you can lose it... Your second sentence kinda refutes the first, doesn't it? I mean, if your company gets a cease-and-desist demand from the owners of the Chili Crunch trademark, and ends up buying the trademark to continue running your business, it seems like a Pretty Bad Idea to not hold on to that trademark. I know you think the trademark should never have been granted, but the USPTO did grant it, and Chang's company did get a C&D from the grantee. So, if Chang's company ever let that trademark go (e.g., to be "good, decent people," as you suggest), the history of this particular matter suggests that someone else could easily pick the trademark up, and probably would (not everyone is "good, decent people," right?), and would then start sending cease-and-desist demands to extract fees. So I'm having a hard time faulting Chang's lawyers for avoiding the obvious trap.

adammarples 2y ago
If a trademark gets revoked it's gone, it's not like it goes to someone else
- tmoertel 2y ago
  Are you sure? Consider that one of the common ways that trademarks become "revoked" is that a third party files to have it canceled because they are trying to register the trademark for themselves: > Petitions to cancel based on abandonment may be filed at any time. Often, a petition to cancel due to abandonment is filed because the attacked registration was cited as a basis to refuse a third-party’s later-filed application. In such a case, the Applicant may file a petition to cancel to overcome the refusal to register. If successful, the cited registration will be removed as a bar to the later-filed application. Source: https://www.trademarklitigationguide.com/petition-to-cancel-trademark-for-abandonment/ https://www.trademarklitigationguide.com/petition-to-cancel-... Consider, for example, the somewhat infamous Flappy Bird trademark that was recently picked up by Gametech Holdings, LLC. That firm petitioned the USPTO to cancel the existing registration by Dong Nguyen Ha on the grounds of abandonment. He lost the trademark, and they were able to register it: https://ttabvue.uspto.gov/ttabvue/v?pnam=Dong%20Nguyen%20Ha%20%20 https://ttabvue.uspto.gov/ttabvue/v?pnam=Dong%20Nguyen%20Ha%...

adammarples 2y ago

If a trademark gets revoked it's gone, it's not like it goes to someone else

tmoertel 2y ago
Are you sure? Consider that one of the common ways that trademarks become "revoked" is that a third party files to have it canceled because they are trying to register the trademark for themselves: > Petitions to cancel based on abandonment may be filed at any time. Often, a petition to cancel due to abandonment is filed because the attacked registration was cited as a basis to refuse a third-party’s later-filed application. In such a case, the Applicant may file a petition to cancel to overcome the refusal to register. If successful, the cited registration will be removed as a bar to the later-filed application. Source: https://www.trademarklitigationguide.com/petition-to-cancel-trademark-for-abandonment/ https://www.trademarklitigationguide.com/petition-to-cancel-... Consider, for example, the somewhat infamous Flappy Bird trademark that was recently picked up by Gametech Holdings, LLC. That firm petitioned the USPTO to cancel the existing registration by Dong Nguyen Ha on the grounds of abandonment. He lost the trademark, and they were able to register it: https://ttabvue.uspto.gov/ttabvue/v?pnam=Dong%20Nguyen%20Ha%20%20 https://ttabvue.uspto.gov/ttabvue/v?pnam=Dong%20Nguyen%20Ha%...