ABC has not used its mark for a few years because consumers prefer a different product offered by a competitor of ABC. Discuss whether this is excusable nonuse such that the USPTO would accept a Declaration of Use/Nonuse for the mark.?
What will be an ideal response?
No. Reduced consumer demand does not excuse nonuse. This is exactly the type of mark the USPTO wants to eliminate. It is not in use and there is no excuse for such other than the fact that the product offered under the mark has fallen out of favor with the public.?
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