Laches is when the owner of a register trademark exhibits an unreasonable delay in asserting their rights regarding their trademark and in doing so gave passive acquiescence (or consent) to another trademark that may been infringement. Acquiescence is when consent is actively granted by the owner of a trademark to another trademark owner or part that may have otherwise constituted infringement. The theory behind laches is that the vigilant and not those that delay exercising their rights should benefit as this aid several things such a dispute resolution, litigation when the information is fresh, and to provide certainty for parties attempting to make investments. In order to prove laches as a defense it must be shown that the trademark owner had knowledge of use and did not take action in an excusable amount of time. It must also be shown that the defendant relied on the trademark owner’s inaction and asserting these rights now would result in prejudice. It is very important for you as a trademark owner to be vigilant and quick when asserting your rights in order to protect against potential infringement.
This blog is not legal advice and is not specific to your application. You should always consult an attorney.