Roswell, GA asked in Trademark for Georgia

Q: Is a cancelled trademarked name then available for use?

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

A: A cancelled trademark may still be in use by the original trademark registrant or some other business owner. In order to avoid claims of infringement, it is important to determine if a mark (or a similar mark) is in use for the same or related goods or services. Consult with a trademark attorney to assist you with the process.

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

A: Hi, the answer is maybe. It may be available on the Federal Level (the USPTO) but it depends on the way it was filed and what other trademarks are in existence. With trademark conflicts, the USPTO looks at what they consider other "confusingly similar" marks. Then, you also need to consider the potential of local and state trademarks which may not show up on a federal trademark search. I'd advise that you consult with an attorney to have a trademark search performed. If you have any questions feel free to reach out to me at benjamin@korraylaw.com. Thank you!

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

A: Maybe, maybe not. Check if there are similar marks registered, then they may be blocking you from getting the cancelled one.

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