Solvang, CA asked in Trademark for California

Q: It looks like this Trademark was abandoned, does that mean I can buy it?

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

A: A trademark application may have a status of abandoned for failure to timely respond to an office action or some other required filing. This does not mean the mark is not in use. Using an identical or similar trademark in the same/related class/category as a trademark in use may give rise to a claim of infringement. Work with a trademark attorney to guide you in the process.

Robert Philip Cogan
Robert Philip Cogan
Answered
  • Trademarks Lawyer
  • San Diego, CA
  • Licensed in California

A: There are many different factors which go into whether or not you need to obtain rights in the particular mark. "Abandoned" does not necessarily mean the owner is not still using it.

Consulting an attorney would probably cost less than what you might lose in buying a trademark or getting into trouble with other people who have similar trademarks.

Marcos Garciaacosta
Marcos Garciaacosta
Answered

A: You do not buy a trademark that is not registered unless you are buying from the owner the rights to it.

You can try filing for the registration but just because it is not registered it does not mean it is not in use anymore

A trademark acquires rights by its use regardless of registration, registration gives title which can be used in legal proceedings and as documentation of ownership

Consult with an attorney!

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