Q: If a trademark is abandoned is it okay for me to use it?

A: Maybe. A primary element of trademark law is use, and a registration helps put people on notice of use, but does not guarantee that someone isn't using the mark. It’s possible that the trademark owner didn’t renew the mark, but is still using it, and thus would still have trademark rights although its ability to enforce its rights could be more difficult without an active registration.

The absence of a federal trademark registration (or an abandoned/expired one) is not the final word on whether someone can use a particular mark because U.S. trademark law turns in large part on use, not registration. If the mark is abandoned (with the USPTO), then you're less likely to run into infringement issues--at least with respect to that particular registration. But it's always possible that someone, somewhere out there is using the same mark and you run into a dispute.

You can also register trademark rights at the state level in Florida, which may be important if you’re not doing business across state lines. Generally, engaging in "interstate" commerce (e.g. doing business in other states) is a necessary element of securing a federal trademark registration. See 15 U.S.C. Sec. 1127 and TMEP 901.03. So if you're only doing business in Florida, you may wish to invest instead in a state-level trademark, which is less expensive (the filing fees are $87.50 per class compared to the USPTO filing fees of $225 per class). You can also search for Florida trademarks at http://search.sunbiz.org/Inquiry/CorporationSearch/ByTrademark

Good luck!

Griffin Klema