What can lead to trademark forfeiture?

Trademark forfeiture can occur due to the failure to use the trademark in commerce for an extended period. The principle behind this is that trademarks are intended to identify and distinguish the goods or services of one party from those of others. If a trademark owner does not actively use the mark in commerce, it can be assumed that they have abandoned their rights to the trademark, leading to potential forfeiture.

In most jurisdictions, including the United States, a trademark must be used in commerce, and periods of non-use can result in loss of rights. Generally, if a trademark is not used for three consecutive years, it may be considered abandoned unless the owner can demonstrate a legitimate reason for the non-use.

While timely renewal applications and proper marking of goods are important for maintaining trademark rights, they are not direct causes for forfeiture in the same way that non-use is. Additionally, changing a trademark’s design significantly may not necessarily lead to forfeiture if the mark still serves its function of identifying the goods or services. Thus, the critical point regarding trademark forfeiture is the extended non-use of the trademark in commerce.