Saint Paul, MN asked in Trademark for Minnesota

Q: Is trademark LVL with the serial number 86678966 still active? if not is there any way i could get a hold of the owner?

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2 Lawyer Answers
Michael Gerity
Michael Gerity
Answered
  • Trademarks Lawyer
  • Phoenix, AZ

A: The person who filed that trademark application filed it to use the "LVL" mark in conjunction with the sale of clothes. The trademark examiner reviewed the existing trademarks, and decided that selling clothing under the LVL mark would be confusing to consumers because of the existing marks LVLS, LEVEL JEANS and LEVEL, all of which are also used in conjunction with the sale of clothes. Therefore, the examiner rejected the LVL application and issued an Office Action. The applicant was allowed six months to respond to the Office Action, but failed to do so, resulting in the abandonment of the application.

It is possible that the applicant didn't respond to the Office Action because they decided that they couldn't overcome the examiner's argument. Or, maybe they just blew the deadline. Or, maybe they just decided to go out and use their mark without continuing to seek registration. It's hard to say.

What is likely more important to take from this is that, if you might be interested in using a mark similar to LVL to sell clothing, you would likely get a very similar rejection for the same reasons as this applicant got.

Michael Gerity
Michael Gerity
Answered
  • Trademarks Lawyer
  • Phoenix, AZ

A: Oh, and the owner's name is listed here: http://tmsearch.uspto.gov/bin/showfield?f=doc&state=4809:122jl0.2.1

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