Decay

In trademark law, the term "Decay" refers to the loss or expiration of a trademark due to certain circumstances specified in the respective trademark laws or regulations. There may be various reasons for the revocation of a trademark, and the exact provisions vary depending on the laws of the country or region concerned.

Some common reasons for the expiry of a brand can be:

  1. Non-use: Many trademark laws require that a trademark is actually used within a certain period of time after registration. If the trademark owner does not use the trademark for a longer period of time, this can lead to revocation. The exact period of non-use varies from jurisdiction to jurisdiction.
  2. Loss of protectability: A trademark can also lose its protection if it becomes a general term or a common name for a type of product or service. After all, trademarks are intended to serve as a means of differentiation.

The expiry of a trademark is a possible argument against a Trademark warning.

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