Can a Trademark Fall Into the Public Domain?
Yes, it is possible for a trademark, even a registered trademark, to fall into the public domain or lose its function as a trademark identifying a particular source. There are a few ways this may happen. When the trademark owner permanently ceases using the mark, or intentionally abandons it, the mark owner gives up its exclusive right to use the term or symbol as a trademark. In these circumstances, the owner has, at least implicitly, decided that the mark has no further value to it. There are other circumstances, however, where the owner still values the mark but, inadvertently or not, misuses or allows others to misuse its mark and, as a result of the misuse, loses the exclusive right to the mark. By allowing others to use a mark as the generic term for a product or service, a mark may become the name for a category (species) of goods or services, the generic term for the product or service. It thereby ceases to function as a mark and the owner no longer has the exclusive right to u
