Trademarks
Chipping Away at the Dead Wood and Other Registered-But-Unused Marks
Matthew D. Asbell
Many USPTO registrants may not use their respective marks on all, or indeed any, of the specified goods and services in their registrations. Overinclusive registrations—referred to as “dead wood”—block others from legitimately registering and using similar marks for similar goods or services unless those parties wish to take a substantial risk and initiate costly cancellation proceedings. This article discussed efforts by the USPTO to reduce the quantity and scope of trademark registrations covering goods/services for which the corresponding mark is not used.
