What If a Mark Has Not Been Used in a Few Years or Has Been Used Only Minimally?

Because trademark rights are based on use, when a trademark owner discontinues its use of a mark, this can result in abandonment. However, the fact that use of the mark has stopped does not, by itself, mean that it has been abandoned. In order for a mark to be abandoned, the owner must (1) intend not to resume use or (2) act in such a manner that its claims to resume use are not reasonable. Thus, while temporary cessation of use does not mean a mark has been abandoned, a trademark owner cannot “warehouse” a mark that it is truly not using merely by claiming that it intends to resume use.