Asked in Trademark

Q: is "MAGIC BROOM" still has the trademark?

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2 Lawyer Answers
John Martin Hilla
John Martin Hilla
Answered
  • Trademarks Lawyer
  • Livonia, MI

A: In order to determine whether a particular trademark is available for registration, you should consult a trademark lawyer in a private consultation.

An experienced trademark attorney will, once retained, perform a professional pre-filing trademark clearance search, reviewing not only the Federal Register but the registers of all 50 states, business name registration in all 50 states, domain name reservations, internet uses, social media uses, and so on.

It is important to remember that, simply because a trademark is not registered or has been Abandoned on the Federal Register does not mean that the mark is not in use in commerce.

In the US, a person or business has the right to exclusive use of a mark if they have been using it in commerce the longest--whether they have registered a trademark or not. If the mark isn't registered, you might succeed in registering it yourself, but, if someone else has been using it longer, your registration will be vulnerable to cancellation. It will be a weak mark.

Fritz-Howard Raymond Clapp agrees with this answer

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

A: MAGIC BROOM was registered as a trademark for vacuum cleaners by Bissell, Inc. in 1989, but the registration was cancelled in 1996 due to its owner's failure to file a declaration of continuing use. The mark MAGIC BROOM SERVICES was registered in 2019 for services ("cleaning of residential houses") and that registration is active.

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