Honolulu, HI asked in Trademark for Hawaii

Q: I would like to trademark a term that has been previously abandoned by someone else - what's the process?

The trademark is marked as abandoned, I don't know the previous owner and do not see the term in use.

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1 Lawyer Answer
Robyn T. Williams
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  • Trademarks Lawyer
  • Wilmington, DE

A: If you'd like to file an application for federal registration of a trademark that was previously registered by another, you should first have a comprehensive search conducted. If there are no problematic references located during the search, you will be able to file an application for registration of the abandoned mark with the USPTO. There are several other factors to consider before filing an application for registration. Abandonment of a mark in the Trademark Office does not necessarily mean the listed previous owner has ceased use of the mark. The search should also aim to inform any continued use.

A trademark attorney can perform the search for you.

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