Charlotte, NC asked in Trademark for North Carolina

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?

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1 Lawyer Answer
Marcos Garciaacosta
Marcos Garciaacosta

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.

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