Seattle, WA asked in Trademark for Washington

Q: Can I start a company and trademark a name that has been cancelled?

The company cancelled in December 2019. My design and logo would be different from the one they had. However, my company would be similar to the one they had in the sense that I will be selling clothing/apparel. This company was located in California. I will be based online, but may conduct a store front at some point.

Related Topics:
1 Lawyer Answer
Marcos Garciaacosta
Marcos Garciaacosta

A: Maybe,

consult with an attorney

Just because a trademark is cancelled or abandoned in the USPTO system, it does not mean that they are not using, they may have some rights even if they are not registered.

Best luck!


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.