Zombie Trademarks: What Is Dead May Never Die

Introduction

Zombie trademarks (also known as ghost trademarks, orphan brands etc) can be defined as previously abandoned marks that have been newly revived that still enjoy a measure of consumer recall, protection, goodwill and loyalty. Under trademark law, a trademark is presumed to be dead/ abandoned, once its owner ceases to use that trademark to identify his goods and services. This practice is also known as abandonment of trademarks usually takes place if an owner ceases to use his trademarks or fails in successful prosecution of his trademark application.

It is pertinent to mention here that abandonment alone however does not create a zombie trademark. The cause of creation of a zombie trademark is widespread consumer recognition and residual goodwill. Although the goods and services are no longer sold under the mark, consumers might still remember it with a nostalgic feeling of the good old days and be more favorably disposed towards the brand in general.