What if a Mark is Materially Altered?

When the original version of a mark is replaced with a newer or updated version there is a risk that a third party can claim the mark has been abandoned. For purposes of determining priority there is a risk that the new version may be so altered so as to be deemed only to have been used since the new version was adopted, rather than allowing the owner to track his or her priority of use back to the date when the original form of the mark was adopted. The key test to determine whether the original version of the mark has been abandoned is whether the commercial impression of the mark has been altered and whether the change is so dramatic that the two versions will not be seen as legal equivalents.