Q: HI I would like to register a trademark that has been abandoned in the US. However there are still products being sold
under this abandoned trademark. Can I register the name? IS there any conflict since it has been abandoned for over a year.
Would the person have to be notified before I was able to register?
A: A trademark attorney would need to review all the facts to determine if you can register the trademark. The fact the trademark has been abandoned alone is not enough to know you can use the trademark. It would be helpful to know what goods or services were claimed, what goods or services are being sold now, and how you plan to use the trademark.
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