actual abandonment

By SovConn | March 23, 2013

1.Patents. Intentional relinquishment of the right to patent protection,
evidenced, for ex-ample, by more than mere inactivity or delay in filing the application. • Actual abandonment may be express or implied, but every reasonable doubt about intent will be resolved
in the inventor’s favor. [Cases: Patents 82. C.J.S. Patents §§ 114–118.] 2.Trademarks. Intentional
loss of trademark protection by discontinuing commercial use of the mark with the intention of not
using it again. [Cases: Trade Regulation 70. C.J.S. Trade-Marks, Trade-Names, and Unfair
Competition §§ 217–218.]

[Blacks Law 8th]

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