Asked in Trademark

Q: can i sell a brand name which there was a trademark name which was abandoned ( status 605 ) regards

the trademark had previously been field approved but abandoned. I have been selling unaware of this trademark

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1 Lawyer Answer
Bharath Konda
Bharath Konda
  • Trademarks Lawyer
  • Minneapolis, MN

A: Trademark abandonment only deals with USPTO federal trademark database. Depending on each individual trademark abandonment case, and the nature of the abandonment such as failure to respond, renew, or any unforeseen circumstance etc may impact rights. There may be some rights left over depending on the date of abandonment. They may still have superior common law rights in the geographical region, registration in the state database etc. Consult any trademark attorney that may help you with your needs.

Disclaimer: The response is general in nature and cannot be construed as legal advise. If you would like to have legal advise, then please consult any competent trademark attorney privately to discuss your case and establish proper attorney-client relationship. If you have any further questions on general trademark matters, please check my answers to the recent questions at

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