Asked in Business Formation for Alabama

Q: Hi, so I have a business I’m looking to start, and there is an abandoned trademark with the same name I’m looking to

Trademark. And the business has similar objective but different, can I trademark the name or not ?

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1 Lawyer Answer

A: The name of the business and a trademark can be the same word. But they serve different purposes. Regardless of whether a mark appears "abandoned" on the USPTO's website, that does not mean that the owner is not still using it and therefore retains rights in the mark. Best to work with a trademark attorney to help you sort out your questions to see whether you can apply for the mark with the USPTO.

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