Q: How do I acquire this trademark? This company was established by my great-great-grandfather; I’d like to re-establish.
I’m looking to utilize my family’s trademark to establish a condiment business. I would like to understand what financial and legal steps that I would need to take in order to re-acquire this trademark on behalf of my family
A:
Hi,
A lot of detail is missing but I will provide the best answer possible in light of this. If this trademark has been used, and continues to be used, in the condiments business, you have a common law claim to its being trademarked. This does not impart the same protections as being properly registered with the USPTO but it does provide for some local/regional protections.
If the trademark had been sued but has not been used for some time, common law protections may not exist. I will assume you wish to reestablish rather than reacquire as reacquiring implies it was lost. Reestablishing would imply that it has been dormant and you wish to reactivate uts use.
As I wrote initially, there is a lot of detail missing that would allow for a more complete response. Main suggestion, contact a trademark attorney to do a comprehensive research and analysis that would best inform you and your options.
Fritz-Howard Raymond Clapp agrees with this answer
A: It is not clear from your question whether the mark was previously registered -- you refer to "acquire" which is not necessarily the same thing. If the mark has been, and continues to be used, you can apply with the USPTO for federal registration. Contact me for a free consultation to explain the process and costs.
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