Keego Harbor, MI asked in Copyright, Intellectual Property and Trademark for Michigan

Q: Can I use an abandoned trademark name / Make money doing so without repercussions.

What are my options?

2 Lawyer Answers
John Espinosa
John Espinosa
Answered

A: Not necessarily. An abandoned could be revived, and could already or still be in use in commerce so is not necessarily available for use https://www.uspto.gov/trademark/laws-regulations/overview-final-rule-revivals-reinstatements-and-petitions-director

Andrew Zulieve Esq
Andrew Zulieve Esq
Answered
  • Trademarks Lawyer
  • Waldoboro, ME

A: I agree with my colleague. The determination of abandonment can be a factually and legally complex one. Before you take your proposed action, I strongly suggest that you obtain an availability clearance opinion from a competent trademark attorney.

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