Q: is registration # 87390926 tired of dreaming active or dead? if active how to maneuver through likelihood of confusion
In the process of TM and see parts of application name trademarked but I don’t understand action refusal for this trademark and if it would impact my application as well
A:
Dear Mrs or Mr,
this US application was abandoned, so it should not be a problematic when you file a similar trademark application.
A:
This application was abandoned for failure to timely file a Statement of Use or a request for extension.
However, this does not necessarily mean that the mark “TiredOfDreamin” is unprotected. Common law trademark rights exist the moment a mark is used in commerce and require no formal registration. An abandoned application for federal registration says nothing about those rights.
You would be best served by contacting an experienced Trademark attorney and having them perform a thorough clearance search, at minimum.
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