Which factor contributes to a trademark being considered abandoned?

A trademark is considered abandoned when the owner fails to use it in commerce for an extended period of time, typically three consecutive years. This principle is rooted in the concept that trademarks serve to identify the source of goods or services to consumers, and if a trademark is not used, it signifies that the owner is no longer intending to maintain or protect that trademark in the marketplace.

The extended non-use in commerce directly suggests that the trademark holder has no current intention to continue using the mark, which can lead to the loss of rights in the trademark. This non-use can create a risk for third parties who may want to use a similar mark, as it opens the door for them to claim that the mark has been abandoned and is available for their use.

In contrast, infrequent changes to the trademark design, frequent advertising, and negative publicity do not influence the determination of abandonment in the same way. Regular adaptations of design indicate a willingness to maintain the mark, while advertising suggests use in commerce. Additionally, negative publicity may affect a trademark's reputation but doesn't necessarily imply abandonment. Thus, extended non-use is the pivotal factor that contributes to a trademark being classified as abandoned.