Chino, CA asked in Copyright and Trademark for California

Q: Is this brand and logo available to trademark under a new owner?

I would like to copyright or trademark it if available.

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2 Lawyer Answers
Tania Maria Williams
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A: We can't see what brand you're referring to. You should contact an IP attorney to help you protect your ideas. Feel free to call me if I can be of assistance.

A: Unfortunately your question is unclear. If it's an existing trademark registration and you've already negotiated for an assignment of rights, then an assignment agreement should be executed and recorded with the USPTO. However, if you're inquiring about a registration that is no longer active, then a trademark search should be conducted in order to better assess your rights. If you have any further questions, please feel free to call or email.

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