Whittier, CA asked in Trademark for California

Q: is it possible I can obtain a trademark which status is dead ? what should I do to obtain it ,thanks

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

A: Maybe. I've written about how to determine this here: https://klemalaw.com/blog/2017/09/09/registering-abandoned-trademarks/

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

A: If there has been non-use with no intent to use for at least 3 years, then yes. Otherwise, trademark rights are not established by registration (i.e. it doesn't matter that the registration expired), rights are established by use.

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