Glendale, CA asked in Copyright and Trademark for California

Q: what's the first step to acquire an abandoned trademark?

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2 Lawyer Answers
Joanne Belasco
Joanne Belasco
Answered
  • Trademarks Lawyer
  • Boston, MA

A: Your first step should be to have a trademark attorney assess why it was abandoned. For example, it might be that the Examining Attorney for the USPTO issued an Office Action that the applicant did not think he or she could overcome. If that is the case, you may not be able to get the trademark registered either.

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

A: Depends on the facts, but generally speaking, a trademark that has an abandoned status with the USPTO may still be in use by its owner or another person. Before using and/or registering a trademark, it is important to determine whether the proposed trademark will not be confusingly similar to another trademark being used in the same or related class/category of goods or services, which may be deemed infringement. Working with a trademark attorney is recommended.

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