Anaheim, CA asked in Trademark for California

Q: How would I be able to acquire an abandoned trademark name what els is required to own this name?

In specific trademark Serial Number: 86829892

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2 Lawyer Answers
Tania Maria Williams
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Answered
  • Trademarks Lawyer
  • West Palm Beach, FL
  • Licensed in California

A: Just because a mark is abandoned, doesn't mean it's not in use. I would suggest reaching out to a trademark attorney who can help you to do a comprehensive search and assist you in better protecting your brand.

Evelyn Suero
Evelyn Suero
Answered
  • Trademarks Lawyer
  • Miami, FL

A: A trademark application is considered "abandoned" when the United States Patent and Trademark Office (USPTO) does not receive one of the following timely filed documents: (1) a response to an examining attorney's office action; or (2) a Statement of Use or Request for Extension of Time to File a Statement of Use (extension request), in response to a Notice of Allowance. However, trademark rights are not extinguished simply because an application is abandoned. The applicant may still be using the mark in commerce but have neglected to file the required responses. You should contact an attorney to assist you determining if this mark is not in use and to assist you with the registration process.

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