Q: Is a cancelled trademarked name then available for use?
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.
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 email@example.com. Thank you!
Maybe, maybe not. Check if there are similar marks registered, then they may be blocking you from getting the cancelled one.
Consult with an attorney fast!
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.