Altoona, PA asked in Trademark

Q: Hello Can I use a trademark (not mine) after being canceled or abandoned since 2016 ? Thanks in advance

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

A: A trademark that is cancelled or abandoned with the USPTO does not mean that the trademark is not in use by the same owner or a different owner for the same or related goods or services. Consult with an attorney to guide you through the trademark process and with performing a trademark clearance search.

Benjamin Charles Korray
Benjamin Charles Korray
Answered
  • Trademarks Lawyer
  • Brooklyn, NY

A: It depends. There are trademark rights on the local, state, and federal level. Just because a trademark was abandoned does not mean that it is available. However, it is a good indication that it might be available. If you have any further questions feel free to reach out to me at benjamin@korraylaw.com. Thank you!

Marcos Garciaacosta
Marcos Garciaacosta
Answered
  • Trademarks Lawyer
  • Mesa, AZ

A: Not so fast

Consult with an attorney first before you get into potential trouble.

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