When would a trademark be categorized as an abandoned mark?

A trademark is considered abandoned when its use has been discontinued with no intent to resume that use. This typically occurs when the owner of the mark stops using it in commerce for a period, usually three consecutive years, which is a strong indicator that the mark is no longer in active use or no longer serves as a source identifier for the goods or services associated with it.

In this context, the correct answer denotes abandonment because it specifically addresses the scenario where the trademark has been discontinued. This aligns with the legal standard for abandonment, emphasizing the lack of both current use and intent to continue using the mark.

The other scenarios do not meet the requirements for abandonment. For example, if a trademark is registered but not currently being used, it may not be automatically categorized as abandoned, especially if the owner intends to resume use in the future. Additionally, if a trademark is actively contested by another party, it is still recognized as being in a legal state of use, as disputes do not equate to abandonment. Conversely, if a trademark is currently in use, it certainly does not qualify as abandoned. Thus, understanding the specific conditions leading to abandonment is crucial for trademark owners and applicants alike.