Clearwater, FL asked in Entertainment / Sports and Intellectual Property for Florida

Q: what does abandonment mean, and can I trademark something thats been abandoned?

1 Lawyer Answer

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.

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