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Trademark Loss of Rights

How can trademark rights be lost?

The common methods for losing trademark rights are: stopping use of the trademark, allowing the trademark to become generic, failing to prosecute infringers, improper licensing of the rights, improper assignment of the rights, and/or too significant of a change in quality or character of the good or service.

Can I take steps to avoid abandoning my trademark rights?

Most methods by which a trademark can be abandoned are easy to avoid. The attorney involved in preparing and filing the trademark application should provide the applicant with simple to follow guidelines. Such information is available upon request and is provided to all of Angenehm's clients without a request.

How can I avoid abandoning the trademark through an assignment or license agreement?

Licenses and assignments should always be done by an attorney that routinely practices in trademark law. Attorney's that do not typically practice in trademark law need to be extra careful to avoid the pitfalls that can lead to malpractice. Be extremely careful when incorporating an existing unincorporated business.

Can trademark rights be recovered once lost?

Yes. Each situation is so unique that a single answer as to how the rights may be recovered is not possible here. Specific legal advice should be sought in such situations.

About the Author:

N. Paul Friederichs, founder, started practice as a patent attorney in 1992 at a major Minneapolis, Minnesota law firm where he was the highest performing associate. In 1993, he started and developed Friederichs Law Firm with his father. Throughout this time Paul�s experience was heavily weighted toward litigation. He served such clients as Tonka Toys, American Harvest and Boston Medical.

He can be reached at http://www.angenehm.com/

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