Jacksonville, FL asked in Trademark for Florida

Q: Does “abandonment” mean this company is no longer trademarked and is able to be claimed by someone else ?

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3 Lawyer Answers
Jason Brooks
Jason Brooks
Answered
  • Trademarks Lawyer
  • los angeles, CA

A: An abandoned mark is no longer registered within that particular class, so yes it’s available to another registrant but you’ll still have to prepare and file a new registration application with the USPTO to claim the mark.

Evelyn Suero
Evelyn Suero
Answered
  • Trademarks Lawyer
  • Miami, FL
  • Licensed in Florida

A: If you are referring to the status of "Abandoned" given to a trademark filed with the USPTO, then this just means that an application is no longer pending or has been declared abandoned due to failure to file a response or statement. However, it is important to keep in mind that this applicant or another person/company may still have common law trademark rights in the U.S. Before filing for registration, you should speak with an attorney to assist you with a clearance search.

Linda Liang
Linda Liang
Answered
  • Trademarks Lawyer
  • Boca Raton, FL

A: Abandoned trademark means others can sell goods and service under the brand and can file application to register it.

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