Q: If a person has abandoned a Trademark because of no statement of use filed? Can someone use that Trademark?
A: A status of abandonment does not necessarily mean that a trademark is available for use. The owner or some other person may still be using the trademark and have common law rights against infringement. However, it may also depend on whether the new trademark will be used in the same or a related class /category,or a completely different one, etc. Consult with a trademark attorney.
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