Q: what does abandonment mean, and can I trademark something thats been abandoned?
A: Abandonment of a trademark in the USPTO's registration status does not mean that the original owner has stopped using the trademark. It can be lack of paying the maintenance fee. You may use it only when the original owner has discontinued with intent not to resume the use of the mark. Nonuse for three consecutive years shall be prima facie evidence of abandonment. Therefore, if you are 100% sure that it has not been used for 3 consecutive years, you may use it and register it. Having said that, you may want to contact an attorney to conduct a search, clearance, and registration for you. It is also possible that the original owner may file an opposition to your registration or an infringement lawsuit after you use the mark. Many attorneys here offer free consultation and low rate service. You may consider contact one of them.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
