Miami, FL asked in Copyright, Intellectual Property and Trademark for Florida

Q: If a trademarked name has a "Status710 - Cancelled - Section 8", does this mean it could possibly be available?

Available as in able to be taken and used on my own product, especially on product in an entirely different field of use?

1 Lawyer Answer
Evelyn Suero
Evelyn Suero
  • Trademarks Lawyer
  • Miami, FL
  • Licensed in Florida

A: A Section 8 Cancellation of a trademark registration occurs when a registrant fails to file a renewal of their trademark registration. However, whether a mark is available for use depends on many factors including whether the mark is currently being used. Cancellation of a trademark registration does not mean the mark is not being used by the registrant or by another prior user. Additionally, the registrant may be able to file a request for reinstatement of the cancelled trademark registration. I would recommend hiring a trademark attorney to assist you with the registration process and to perform a clearance search to determine if the mark you would like to use is being used by another person/entity and to determine whether your use of the mark or a similar mark would constitute infringement.

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