Pompano Beach, FL asked in Trademark for Florida

Q: Has this PresScents Trademark been abandoned? If so, what’s the cost to trademark the name with a different logo?

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2 Lawyer Answers
Joanne Belasco
Joanne Belasco
Answered
  • Trademarks Lawyer
  • Wilmington, MA

A: While it appears that the application was abandoned many years ago, you should have a trademark attorney conduct a search to make sure that a similar trademark was not registered. The USPTO will deny a similar mark if it creates confusion in the marketplace, so it doesn't have to be the exact same mark. Attorneys differ in the fees they charge and the services they offer. The USPTO filing fee is currently $350 per class, and you must register in at least one class. If you contact some different attorneys, you can ask about their fees and their services. Finding an attorney with whom you feel comfortable is important because the trademark process is taking about a year now to complete, and it's not an automatic approval.

Fritz-Howard Raymond Clapp agrees with this answer

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

A: There was an intent-to-use application to register PRESSCENTS, but it was abandoned in 2001 for failure to file the necessary documents. There does not appear to be a confusingly similar registration, so you would be likely to succeed. It is recommended that you obtain qualified trademark counsel to advise further and file an application.

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