Houston, TX asked in Intellectual Property and Trademark for Texas

Q: If a company filed bankruptcy and abandon their trademark and you went ahead and started the same business and filled

For the trademark that was once abandon, can that old company come after you with a cease and desist letter or I would need to pay them for using their name , And if so then what’s my right?

2 Lawyer Answers
Tania Maria Williams
Tania Maria Williams
PREMIUM
Answered
  • Trademarks Lawyer
  • West Palm Beach, FL

A: Just because a company filed bankruptcy doesn't mean they're not still using the mark in commerce. There are different types of bankruptcy and not all result in the company no longer doing business. Also, there are common law rights a trademark owner has once they continue to use the mark. I would suggest enlisting an attorney to help you research whether the mark is truly abandoned and no longer in use.

Marcos Garciaacosta
Marcos Garciaacosta
Answered
  • Trademarks Lawyer
  • Mesa, AZ

A: Abandon depends on the expected use of the mark.

Even if they went bankrupt that doesn't mean they lost all rights, even if they cease using it.

Old company can come after you with a cease and desist letter or you would need to pay them for using their name

Contact and consult with an attorney with experience in these areas

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