Baltimore, MD asked in Trademark for Maryland

Q: If the status code is stating “abandoned” does that mean it’s available for use again?

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3 Lawyer Answers
William Scott Goldman
William Scott Goldman
Answered
  • Trademarks Lawyer
  • Washington, DC

A: Not necessarily as the owner may be still be using it and claiming common law rights or even excusable non-use prior to reapplying. Having a trademark search and legal analysis conducted should provide you with a much better idea though. Feel free to call or email with any further questions.

Evelyn Suero
Evelyn Suero
Answered
  • Trademarks Lawyer
  • Miami, FL

A: A status of "Abandoned" usually indicates that the applicant failed to submit a required response. However, this applicant (or another person) may still be using the mark and may have common law rights to the mark. Consult with a trademark attorney to assist you.

John B. Hudak
John B. Hudak
PREMIUM
Answered
  • Trademarks Lawyer
  • Milford, CT

A: A trademark can have common law trademark rights – obtained by use. Therefore an inactive federal registration does not necessarily mean that a trademark is clear to use.

Also an abandoned application can be revived – depending on the underlying facts.

Consider a consultation with a trademark attorney to discuss.

As a general disclaimer, this answer includes generalizations and there are many caveats. This answer does not form an attorney client relationship. Consider hiring an attorney to analyze the specific facts to your situation.

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