Q: How do I Purchase a trademark that has expired.
A:
You question may not make sense. It would be helpful to know some of the facts.
Bill Hulsey / Bill.Hulsey@HULSEYIPLaw.com / www.HULSEYIPLaw.com
IP & Patent Lawyer
Nuclear Engineer (USN-SS); Member, National Society of Professional Engineers
Regional Economic Developer (M.A.Econ | CEcD*)
HULSEY, PC
Founder, HULSEY PC: Patent Lawyers / IP Counsel
Founder, EconoVentionRED: Invention-Based Regional Economic Development
Friend and Fellow, Innovation, Creativity & Capital (IC2) Institute, The University of Texas at Austin
*CEcD (Certificate in Economic Development, In-Progress), International Economic Development Council
Member, Texas & Tennessee Bar Associations; Fellow, Texas Bar Foundation
Ambassador & Symphonic Chorus Tenor, Grammy-winning Conspirare Ensemble
Paul Harris Fellow, Rotary International (Westlake-Austin, Texas); Pres.Elect. Westlake, Tx Rotary Club
Member & Lecturer (Tech-Led Dev.), Southern Econ. Dev. Council & Texas Econ. Dev. Council
AV Pre-Eminent Judicial Edition Attorney & Platinum Client Champion, Martindale Hubbell
Best Lawyers in America and Best Law Firms in America, US News & World Report
One of Austin’s and Memphis’ Three Best Rated Patent Lawyers
Top 1% Most Honored Professionals / Better Business Bureau A+ Rating—Ten Years
US Navy Submarine Service / Nuclear Trained / Lieutenant Commander (Ret.)
A: If you are referring to a trademark with a status of "Abandoned" on the USPTO registry, then first you should ensure that the applicant actually stopped using the trademark and work with an attorney to conduct a trademark clearance search to ensure that no one else is using the mark in a way that would be confusingly similar to your intended use. Generally speaking, unless you are purchasing rights from a trademark owner, you don't "purchase" a trademark. What you want to do is file an application for registration of a trademark that you are legally using or intend to use for your goods or services.
Barbara Berschler agrees with this answer
A: I agree with Ms Suero's answer. I would add that it might be worth it to see whether having the other user will assign to you all rights he/she may have had in the mark, especially if the use you intend is similar to that of the other user. Best to work with a trademark attorney to explore all of the issues. Good luck.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
