Q: I can see that this trademark was abandoned, so can I buy this trademark? "Yoga Swing"
A: Just because a mark may appear as "abandoned" in the USPTO's data base, that does not mean the mark is legally abandoned. The listing may just mean the applicant did not meet all of the USPTO's filing requirements. The person may still be using the mark and therefore has "common law" rights in the mark. Best to work with an attorney to be sure the mark is really abandoned and that there are not other similar marks in use.
A: If you are referring to a trademark appearing as abandoned on the federal registry at the USPTO, then the status of abandonment may refer to a failure to file a response or some other document required for the trademark application. Trademarks are not purchased on the USPTO, unless you are referring to "buying" a trademark from another trademark owner. Trademarks are registered. You should consult with an attorney to ensure that no one else is using this trademark or a confusingly similar trademark before you begin using it. It is still possible to infringe on an unregistered trademark.
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