Comment by jcranmer
2 hours ago
No, there is an amount of legal reality built into it. With copyright and patents, once you obtain the intellectual property, you keep it for the rest of the term no matter what you do. But with trademarks, your actions (or inaction) can cause you to lose the trademark.
The legal purpose of the trademark is to protect identifying marks for the purposes of conducting business (trade)--literally its name. The subsidiary public interest of attaching trust to that mark isn't directly protected, but failing to police the use of trademark is sufficient grounds to lose the trademark, which is why companies tend to be overly aggressive in suing people for violating the trademark.
Nothing you've written above contradicts my argument. which is that there's no liability attached to a trademark as opposed to what something made to protect the consumer would require.
> Failing to police the use of trademark is sufficient grounds to lose the trademark, which is why companies tend to be overly aggressive in suing people for violating the trademark.
Not quite. There is no litigation requirement to renew a trademark registration. Trademarks are in fact the only type of intellectual property that can be preserved in perpetuity.
Litigation is an attempt to prevent genericide, and might fail at that.
Trademarks can be preserved even in the absence of litigation. Cancellation cases in US law typically require evidence of abandonment and lack of evidence for intended re-uptake. Litigation is not necessary to refute abandonment.