Dallas, TX asked in Contracts, Copyright and Trademark for Texas

Q: My dad had a trade mark on macho nacho it says status canceled does that mean it’s not in effect any more!?

Please let me know if the trademark is no longer in effect

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1 Lawyer Answer
Griffin Klema
Griffin Klema
Answered
  • Trademarks Lawyer
  • Tampa, FL

A: If your dad's mark has a status of "cancelled" that means the registration is no longer valid. It may mean it has lapsed, or has been canceled as a result of an opposition or lawsuit. But, trademark rights are based on use, so that doesn't mean there are no trademark rights. (These are called common law trademark rights.) A registration is evidence of a claim to trademark rights, and is not the source of the right itself.

Bruce Alexander Minnick agrees with this answer

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