Policing Your Trademark
Now, another way to lose the mark is I don’t police my mark in a marketplace. For instance, I become aware of a few other companies that are using my mark, but I say, eh, doesn’t bother me. Either it’s not that close or it’s a big enough marketplace, or maybe they’re on a different coast and I don’t worry about it. But if I don’t police my mark, I basically say, you’re allowed to use my mark. You’re going to come back to me and say, I’ve been using this mark in commerce for five years and you’ve never objected to it. At that point, I’ve lost my mark. Everyone can use it.