Brooklyn, NY asked in Trademark for New York

Q: can I buy a trademark that was cancelled over 10 years ago?

I would like to use the Chubbles trademark in merchandise

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3 Lawyer Answers
Bill Hulsey
Bill Hulsey
PREMIUM
Answered
  • Trademarks Lawyer
  • Austin, TX

A: No, but you can file for the same mark, if it is not in use.

Marcos Garciaacosta agrees with this answer

Tania Maria Williams
Tania Maria Williams
Answered
  • Trademarks Lawyer
  • West Palm Beach, FL

A: You want to know why the mark was cancelled because cancellation doesn't always mean the mark is no longer in use. The mark could have been cancelled because someone else had rights to the mark. I suggest contacting an IP lawyer to help you build a brand you can protect and monetize.

Marcos Garciaacosta and Kathryn Perales agree with this answer

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

A: If a trademark is still in use, you should not use nor register the trademark for use in the same class/category of goods or services. Consult with a trademark attorney for information specific to your situation.

Marcos Garciaacosta agrees with this answer

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