Q: If the trademark is abandoned does that mean someone could still use the name
A:
Abandonment of a trademark or a trademark application does not necessarily mean that the name is not in use in commerce. It simply means that that particular application or registration has been abandoned.
Before proceeding to attempt to register the same trademark, you should consult with a knowledgeable trademark registration attorney who will conduct a thorough search for Federal registrations of the same name or mark, State registrations, domain-names in use, and other indications that you may be encroaching on someone else's use of the mark.
It is important to remember that US Trademark registration is extended to the first use in interstate commerce of a mark, not simply to the first or most recently registered, although that weighs in favor of a registered mark.
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