When does it make sense to abandon/delete a trademark?

26 March 2025

Trademarks are an essential part of business life. They represent a company's identity, its values, products and services. A strong trademark can be a significant competitive advantage and is often associated with significant brand value. However, there are situations where it may make sense to abandon or delete a trademark. In this blog post, we will look at some of these situations.

1. Irrelevance of the trademark

A trademark can lose its relevance over time. This can be due to market changes, new technologies or changing consumer preferences. If a trademark no longer reflects a company's current offering or values, it may make sense to rethink or abandon it altogether.

2. Rebranding

Companies often go through a rebranding process to reposition themselves or to respond to changes in the market. In the case of a complete rebranding, it may be necessary to delete old trademarks to avoid confusion and ensure consistency with the new brand strategy.

3. Cost-benefit analysis

Maintaining a trademark is associated with costs. These include the cost of renewing the trademark, legal fees to defend the trademark and marketing costs. When the benefits of a trademark no longer justify the costs, it may make economic sense to abandon the trademark.

4. Negative associations

Trademarks can develop negative associations over time, due to scandals, bad customer reviews or negative press. In such cases, it may be better to delete the trademark and start again with a new, unencumbered trademark.

5. Legal reasons

Sometimes legal challenges can mean that a trademark is no longer tenable. This can be the case if a trademark infringes existing trademark rights or if it cannot be sufficiently defended. In such cases, deleting the trademark can minimise legal risks.

6. Strategic realignment

Companies evolve and their strategic objectives change with them. When a trademark no longer fits a company's long-term goals or when a strategic realignment is necessary, abandoning a trademark can be part of that new strategy.

7. Portfolio-Optimisation

Large companies with many trademarks in their portfolio may decide to optimise their trademark portfolio to focus on the strongest and most profitable trademarks. This may involve deleting trademarks that are no longer core to the business or that are underperforming.

Conclusion

Abandoning or deleting a trademark is an important decision that should be carefully considered. It is important to consider the long-term impact on the business, customer perception and brand value.

Keep in mind that the trademark registration process can be complex and often requires specific legal knowledge. Working with a trademark specialist is not only an investment in the protection of your trademark, but also a safeguard against costly mistakes. Our specialists at VISCHER have the necessary expertise and experience to guide you through the entire process and make your trademark a strong and protected asset of your business. We also have an established worldwide network of IP specialists who can be consulted if necessary.

We hope this blog has provided you with helpful insights and invite you to get in touch with our specialists to clarify your individual questions and successfully establish your trademark. Your success is our concern and we are ready to support you along the way.

Authors: Mirjam Frick, Jacqueline Burri, Monika Llanderrozas (Team Head), Marcia Eigenmann, Ariane Niemeyer