Trademarks must be continuously used to be enforceable. If you stop using them, they are lost. This also means you should have evidence to prove use of your trademark. If your use is challenged, you will have to prove that you’ve been using your trademark, and you need the correct evidence. This just happened to McDonalds in Europe. Even though they were using the BIG MAC trademark, they didn’t have the correct evidence to prove that they had continuously used that trademark for the previous five years, and they lost their European registration. A truly shocking result.
- Doing it Their Way: Leaders Share Tips for Helping Women to Make it in the IP Game
- How Organizations Must Protect Themselves from Ransomware Attacks
- Using AI to Valuate and Determine Essentiality for SEPs
- Patent Procurement and Strategy for Business Success Part II: Claims – Targeting the Right Infringers
- Patent Procurement and Strategy for Business Success: Building and Strategically Using Patents that Target the Right Infringers and Thwart Competitive Countermeasures
- Patent Filings Roundup: Equitable IP Subsidiary Goes on Retail Shopping Spree; Fintiv ITC Denial Hits Roku Hard
- Drilling Down on Criticism of Top-Down Approach to Determining Essentiality
- The Biden Executive Order’s Restraint on Freedom of Contract: Regulation by Anecdote May Lead to Unintended Consequences
- IP Goes Pop! Ep #2: Intellectual Property Urban Legends – Taking on Myths About IP in Popular Culture
- Are 5% of All U.S. Issued Patents Presumed to Be Unenforceable Under Laches Due to Their Priority Claims?