Q: Could I use a trademark name that's been abandoned since 1-8-2018?

I want to name my company " viva la vixen" but I see another company has that as their trademark name and name of their company. however the status is showing as abandoned, what do I do

2 Lawyer Answers
Phillip William Gunthert
Phillip William Gunthert
Answered
  • Consumer Law Lawyer
  • Orlando, FL
  • Licensed in Florida

A: If this is in Florida you apply for the name once the company has been administratively dissolved for 1 year. If you are not sure what to do you should get an attorney to help you with this process. The old company is able to reinstate their name for a fee and the late filing penalty, but not after 1 year if someone applies for the name first. So, time is of the essence.

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

A: A status of abandoned does not mean that the trademark is no longer in use by the original owner or that it is not in use by another. Prior to using a trademark, it is important to work with a trademark attorney to assist you with performing a trademark search to ensure that your use of a trademark does not result in infringement.

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