DEFINITION OF “ABANDONED”.

SEC. 521. DEFINITION OF “ABANDONED”. Section 45 of the Act entitled “An Act to provide for the registration and protection of trade-marks used in commerce, to carry 108 STAT. 4982out the provisions of certain international conventions, and for other purposes”, approved July 5, 1946 (15 U.S.C. 1127) (hereafter in this title referred to as the ‘Trademark Act of 1946”), is amended by amending the paragraph defining abandoned to read as follows: “A mark shall be deemed to be ‘abandoned’ if either of the following occurs: “(1) When its use has been discontinued with intent not to resume such use. Intent not to resume may be inferred from circumstances. Nonuse for 3 consecutive years shall be prima facie evidence of abandonment. ‘Use’ of a mark means the bona fide use of such mark made in the ordinary course of trade, and not made merely to reserve a right in a mark. “(2) When any course of conduct of the owner, including acts of omission as well as commission, causes the mark to become the generic name for the goods or services on or in connection with which it is used or otherwise to lose its significance as a mark. Purchaser motivation shall not be a test for determining abandonment under this paragraph.”.