Presumption of Abandonment (Trademark) Law and Legal Definition

Presumption of abandonment is a statutory presumption that a party that has not used its mark for three years has abandoned its rights in the mark. This presumption of abandonment shows that the party has discontinued use with intent not to resume use. It is international trademark practice to presume that marks are abandoned if they are not used for a certain fixed period of time. This presumption of nonuse can be countered with contrary evidence.