Des Moines, IA asked in Trademark for Iowa

Q: Can I pick up an abandoned trademark?

The person that filed for the trademark of our team is no longer in charge of the team and I want to update it

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2 Lawyer Answers

A: Trademark rights are acquired by using the mark. The fact that a trademark registration or application is abandoned does not mean that it is open for anyone to take. If the owner of the mark you are interested in no longer uses it, and you begin using it, you may be able to register the mark. An attorney would need to investigate the status of the trademark to know for sure.

A: There is a process for assignment through the USPTO website. If you’d like assistance with this you can email me at: Jason@altviewlawgroup.com

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