Fort Mohave, AZ asked in Trademark for Arizona

Q: Does a trademark that has been abandoned still have rights? How do you aquire it?

Trademark" Bitchwear made with an attitude". Serial #74545460

Status:602-abandoned in 1994.

How do I aquire this trademark for myself. Is that even a thing? Because it was abandoned before the process was completed, is the trademark therefore null and void, and I can submit it back for trademarking under my name? Are there royalties? How deep do I have to swim to aquire this trademark? Thank you

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1 Lawyer Answer
Fritz-Howard Raymond Clapp
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  • Trademarks Lawyer
  • Beverly Hills, CA

A: The application to register the mark as an apparel brand was abandoned in 1995 for failure to respond to the trademark examiner's request for info or changes. That does NOT necessarily mean that the applicant's USE of the mark ceased, merely that the mark did not get registered.

Rights in trademark derive from their USE IN COMMERCE, and registration is merely a means to keep track of their ownership and to provide the remedies of federal courts in case of infringement. Unregistered marks may still have legal protection under common law.

If you wish to use this mark for apparel, you should consult with an experienced trademark attorney to perform a thorough search and to advise how to use and register the mark.

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