A cornerstone of U.S. trademark law is that trademark rights are gained by use in commerce, not by registration. Although there is an elaborate federal registration scheme enacted in the Lanham Act and administered by the Trademark Office, without use, there are no trademark rights.

Even where a business has trademark rights, the failure to continue to use a mark can result in losing of those rights through what is known as abandonment.  The Lanham Act provides that a mark is deemed abandoned when either (1) use is discontinued with no intent to resume; three years of nonuse create a presumption of abandonment or (2) when conduct by the owner causes the mark to become generic.  15 U.S.C. §1127.