Temporary Non-Use of Trademarks In The Age of COVID[CC]

    Temporary Non-Use of Trademarks In The Age of COVID[CC]
    CLE 90 min

    Temporary Non-Use of Trademarks In The Age of COVID[CC]

    At times, trademark owners must delay or discontinue use of their trademarks whether domestically or across multiple jurisdictions. This program addresses the legal implications of temporary non-use and how brandowners and their counsel may address them.

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      08/24/2023

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      08/24/2023

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    $100
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    Closed Captioned. The COVID-19 pandemic has forced many to do so for several months if not longer or even indefinitely. Our experienced outside counsel will consider:

    • What constitutes use of a trademark?
    • When is it "current use"?
    • When outside counsel learns that a mark is not in current use, doe she have a legal or ethical obligation not to file an affidavit of use or a duty to notify her client of vulnerability arising from the non-use?
    • When can a trademark owner maintain or renew its registration despite non-use on the grounds that it is an Excusable Non-Use?
    • How does a trademark owner choose between a claim of continued use and a claim of excusable non-use, when either is arguably true?
    • When can a trademark owner enforce its registered trademark rights in the face of temporary non-use?
    • What can a trademark owner do when it is unable to commence use?
    • Has the USPTO changed in its application of the law regarding non-use as a result of the CARES Act and pandemic-related decreases in demand impacting trademark owners' ability to find buyers or to sell their goods and services?
    • When and how does temporary non-use in a country outside the United States pose a risk?

    Product Details

    Panelists

    Eric Perrott, Tracy Deutmeyer

    Sponsors

    Section of Intellectual Property Law

    Product Code

    PT2008TTMOLC

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