Q: i see a trademark of a name i want to use has been abandoned how do get the trademark for this name
A: Well, assuming the grace period has already expired and there's no common law use or federal registrations/pending applications for anything identical or similar then you could attempt to register the mark. I'd recommend hiring a trademark attorney to search both the USPTO records and common law sources prior to moving forward though. Please feel free to call or email if you have any further questions.
A: A trademark registration may be deemed abandoned due to failure to file an answer to an official notice or office action, for example. But this type of abandonment does not mean that the trademark owner has ceased using the trademark completely (they may own multiple trademarks) nor that some other user has not begun to use the trademark. It is always best to work with a trademark attorney to review all possibilities and assist you in performing a thorough trademark search.
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