Venice, CA asked in Trademark for California

Q: If trademark has status "602 - abandoned-failure to respond or late response" does that mean that I can apply for it

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

A: A trademark application with a status of abandoned may still be in use by the owner or some other user. Before using or registering any trademark, it is important to work with a trademark attorney to guide you through the process. Using a trademark that is in use by another business in the same or related class/category could be deemed infringement.

Robert Philip Cogan agrees with this answer

Nicole Schaefer
Nicole Schaefer
Answered
  • Trademarks Lawyer
  • Beaverton, OR

A: Hi! You likely can apply for this trademark. However, I would hire an attorney to take a deeper look at this trademark and see what, if any, office action was administered in order to make sure your application would not also be refused or anything like that.

Timothy John Billick
Timothy John Billick
PREMIUM
Answered
  • Trademarks Lawyer
  • Seattle, WA

A: This is solid evidence that it is abandoned. But that does not mean you are free to use it. A trademark search should still be conducted.

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