Midland, MI asked in Trademark for Michigan

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?

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3 Lawyer Answers
Marcos Garciaacosta
Marcos Garciaacosta
Answered

A: You need to consult with an attorney to evaluate your options.

Omar Darwich
Omar Darwich
Answered
  • Trademarks Lawyer
  • El Paso, TX

A: 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!

Michael Zamzow
Michael Zamzow
Answered
  • Grand Rapids, MI
  • Licensed in Michigan

A: 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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