Clermont, FL asked in Trademark for Florida

Q: If a company has Status: 606 - Abandoned - No Statement Of Use Filed. Am I able to purchased the abandon trademark?

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1 Lawyer Answer
Tania Maria Williams
Tania Maria Williams
PREMIUM
Answered
  • Trademarks Lawyer
  • West Palm Beach, FL
  • Licensed in Florida

A: There are a few considerations with abandoned marks. First, what is the reason for abandonment? Here you say there is no statement of use filed which could mean that they never used the mark at all which would be good or that they just simply didn’t file the document, but are actually using the mark. Use matters because they could have common law rights in the mark which could still result in issues for you. The second consideration is how long has it been abandoned? If they’re are still within the revival period, again, it could be problematic, but if it’s been more than 3 to 5 years, you could be in the clear. If there is no use and it’s been a while, you may be able to register the mark with the USPTO, but I would suggest speaking with an attorney who can do a full trademark clearance search for you and assist you with the app. I can help you with both of those. Feel free to email me at Tania.williams@williamsfirmpa.com to discuss.

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