Los Angeles, CA asked in Cannabis & Marijuana Law and Copyright for Idaho

Q: Can I take the trade mark Hemp Hemp Hooray from original filing person? TM shows as being abandoned.

Will you please Google this to see what I'm seeing?

1 Lawyer Answer
Robyn T. Williams
Robyn T. Williams
PREMIUM
Answered
  • Intellectual Property Lawyer
  • Wilmington, DE

A: You cannot "take" a trademark from the mark owner if it is still being used in commerce as a source identifier, regardless of the federal registration status. Applying for and being allowed a federal registration does not automatically prohibit a mark owner from opposing registration, petitioning for cancellation, or asserting its rights. If you want to use HEMP HEMP HOORAY you should speak with an IP attorney about clearing the mark generally. Abandonment of a registration does not necessarily mean the owner discontinued use.

Marcos Garciaacosta agrees with this answer

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