Q: Landshark is an abandoned trademark. Does that mean it can be used by the public?
First off, the primary issue with regard to using any trademark is as to HOW you use it. If somebody has a trademark that they use in conjunction with their sales of baked goods, and somebody else wants to use the same or similar mark with the sale of sailboats, the two marks are likely to be allowed to coexist in the market despite their similarity. So, the existence of another trademark, whether abandoned or not, is generally only a problem if you plan to use the same or similar mark in a way that is likely to cause confusion in the market. A lot of factors go into the analysis of likelihood of confusion, of course.
As for an abandoned trademark registration, keep in mind that the previous holder of the mark might still be using it in commerce, and may have only neglected to renew their registration. If that is case, the other holder would still be a problem, but this is a very fact-specific analysis that would need to be done.
***Please note the important disclaimers at the bottom of this page.***
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.