Quarter 2, 2026: If You Stopped Using Your Old Trademark, Do You Still Own It?
Most business owners assume trademark registration means the name is theirs for good. But a recent court battle proves that brand protection does not work the way most people think it does. If you have invested in a name, this recent case reveals the one business habit that should not be ignored.
If you let a trademark registration lapse, is the name (or mark) still yours or is it up for grabs? A recent court fight between Nike and a company called Total90 shows how much can ride on the answer. Nike let its “Total 90” trademark registration expire in 2019. A new company later registered “Total90” betting Nike had walked away for good. When Nike brought Total 90 back for a soccer line in 2025, the newer company sued claiming Nike had lost its rights. Here’s the twist: the court sided with Nike because Nike could show it never fully stopped using the name-the brand had not vanished from shelves. That was enough. In the U.S., trademark rights come from using a name in the marketplace, not just from the registration certificate. Even light, sporadic use can keep your trademark rights alive (as long as you can prove it!).
The takeaway: do not assume a lapsed registration means you have lost a name. Protecting a trademark from lapsing is easy and very cost effective: filing the proper renewal paperwork 5-years post-registration (and then, every 10-years thereafter) saves precious time and resources when it comes to protecting the brand identity you invested in. Also, if someone else moves in on a name you have rights to, do not wait. The company that sued Nike waited nearly a year after first raising concerns, and that delay hurt its case.
How do you build a record to protect your brand? Track any business using a name or logo close to yours, noting where they are located and what they sell or what services they provide. Log when you first spotted each instance. Save copies of related communications. Looping in an attorney to sort out real threats from harmless overlaps and to decide when a cease-and-desist letter is warranted may save time and also open up the door to a potential licensing strategy.
Bottom line: protecting a brand is not a one-time filing. It’s an ongoing habit, and the businesses that keep at it are the ones that hold onto their names when it matters most. If keeping up with the trademark record isn’t something you have time for, contact Attorney Paige Hulse at phulse@wintersking.com or 918-494-6868 to take on the monitoring and record-keeping for you so nothing slips through the cracks.