Q: If a trademark has been abandoned since 2016, does that mean that I can purchase it?
I am interested in a trademark and it has been marked "abandoned-failure to respond". Does that mean that it's available for purchase by someone else?
A: You are confusing the process. You can buy a brand or trademark from somebody who has rights over it.
If an application or trademark expired or were abandoned, you can file for it.
However depending on what the brand is, the trademark may have some value or owner, if it has been continuously used in the market.
You should do an analysis to see if what you want is available not only in the trademark office database, but also in common use.
Contact us for a consultation www.legalbizglobal.com
480 324 6378
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.