Miami, FL asked in Copyright, Intellectual Property and Trademark for Florida

Q: How can I buy a trademark that is listed as unused since 2008?

I was researching for a brand name and this one appeared as unused in the Justia Trademarks display page. Just the steps to acquire the brand name before using it Online.

2 Lawyer Answers
Evelyn Suero
Evelyn Suero
Answered
  • Trademarks Lawyer
  • Miami, FL
  • Licensed in Florida

A: While some people do purchase rights to use a trademark from trademark owners, if the mark is not being used by anyone, then the right to exclusively use a trademark is acquired through use for goods and services. Before filing for registration of a trademark, it is important to determine whether the mark is already being used by someone else for similar goods or services. It is a good idea to work with a trademark attorney to guide you through the process.

1 user found this answer helpful

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

A: Consider a consultation with a trademark attorney to discuss how to obtain trademark rights – and the likelihood of obtaining the desired rights. Generally, trademark rights are obtained by use (common law rights) -- and then there can be a federal registration to gain additional rights. Or, a registration can be filed, with the intent to use. But, also in general it is usually prudent to do a trademark search to determine if other's are using the same trademark or a confusingly similar trademark.

If you are doing research on your own the United State Patent and Trademark Office website has a lot of material/information.

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