Q: Q: My dad had a trade mark on name “macho nacho” it says status canceled does that mean it’s not in effect any more!?
How can I find out if he still owns the trademark name “macho nacho”
A: The short answer is yes. If the USPTO shows the mark as dead or cancelled, your dad would no longer have rights to that trademark. Further, a cursory review of the trademark database shows that numerous registrations have existed for that mark, with some registrations being still in effect. To search for more details, here is the link to the USPTO TESS database. https://www.uspto.gov/trademarks-application-process/search-trademark-database Just click on the link that says "Search our trademark database (TESS)"
A: I disagree somewhat with Mr. Serraguard's answer. As I explained in my answer to your duplicate question, trademark rights are based on use. So if your father is still using that mark--notwithstanding the fact that the registration was cancelled--he may nevertheless still have common law trademark rights. BUT, if the mark was cancelled because of a lawsuit or petition for cancellation that he lost, then he may not be able to use that mark without infringing on another's rights.
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