Q: How do I know if a brand is still trademarked? Or if someone still uses the mark?
I am looking to start a brand, I had started searching through trademarks and found one similar but I have some different design ideas. The owner of mark has been mailed abandonment and things along the lines of that. How do I know if I can start making stuff?
even if a mark is abandoned according to the USPTO's site that does not mean they do not have any rights in the mark.
you have to still do a little due diligence.
most tm attorneys like myself offer free consults and we dont bite!
Enter "Apple vs PrePear" into your favorite search engine. And before you view this as a biblical tale of a giant vs a shepherd, be aware that a mark holder has an obligation to pursue potential infringers or they might lose their right to the breadth of the mark.
You should contact an intellectual property attorney.
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