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
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.
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.
