Saint Paul, MN asked in Trademark for Minnesota

Q: Trademark Cancelled can Product still be sold in the market.

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2 Lawyer Answers
Ahaji Kirk Amos
Ahaji Kirk Amos
Answered
  • Trademarks Lawyer
  • Raleigh, NC

A: Trademark registration does not allow one to sell in the marketplace. Just because a trademark is canceled does not mean that it's free for public use. There is an article on my website on this very topic.

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

A: You might be able to sell your product, but I think your real question is whether by doing so you would infringe another's rights (e.g. trademark rights). Trademark rights are based on use, and registrations are simply evidence of a claim to a trademark. They are not the source of the right. If you want to know If you can sell your product without infringing on another's trademark rights, get a clearance opinion from a lawyer. Expect budget $500 to $1,000 for that kind of work.

Analyzing a cancel trademark, see my blog post here: https://klemalaw.com/blog/2017/09/09/registering-abandoned-trademarks/

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