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Yet it could not produce any verifiable evidence of sales. It also indicated that it did not realize that it had to have continuous use on all of its goods and services listed in the registrations. Instead, it thought that the law required it to only have use on at least one of the goods. It also indicated that it was making ongoing licensing efforts to license the mark. This was enough for Petitioner to establish a prima facie case of abandonment, with the burden of showing an intention to resume use of the mark shifting to Respondent.
To support that it had an intent to resume use of the GIDGET Mark, the Respondent was required to build a record with respect to the activities it engaged in during the non-use period or what outside events occurred to support an intent to resume use. In short, evidence of an intent to resume use must be more than a subjective intention; rather, there must be verifiable objective facts.
An Important Note on Trademark Cancellation and Abandonment Issues This case presents a lesson for trademark owners to carefully monitor whether they are using their trademarks on all of the goods and services contained in their registrations. If not, it is recommended that a consultation with a qualified trademark attorney occur. A trademark cancellation can have serious implications to brand marketing and sales efforts.
To obtain further information on trademark cancellation and legal strategies, contact James Hastings.
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