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

Related Topics:
3 Lawyer Answers
Bill Hulsey
PREMIUM
Bill Hulsey
Answered
  • Trademarks Lawyer
  • Austin, TX
  • Licensed in New York

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
PREMIUM
Tania Maria Williams pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.