So, if your business has had to discontinue the use of its trademark, what can you do to keep your trademark active? The presumption of abandonment can be rebutted if you are able to show intention to resume the use of your mark. Additional excusable conditions for non-use include trade embargoes, the sale of a business, acts of God, illness impacting the operation of the business, or a deficiency in supply of necessary materials or equipment. To submit proof of “excusable non-use” consult your lawyer to help you file a Declaration of Excusable Non-Use with the USPTO to protect your trademark!

In the past Mad Dogg Athletics Inc. has threatened trademark-infringement legitimation against many fitness industry players who use the terms “spin” or “spinning” according to Peloton’s petition with the Patent and Trademark Office’s Trademark and Trial Appeal Board. Mad Dogg Athletics is a California-based company that registered trademarks for “spin” and “spinning” for stationary bikes and fitness instruction in the late 1990s.

What do you think? Do you associate spinning with a particular brand? Or do you associate it with an activity?