Hickory, NC asked in Trademark and Intellectual Property for North Carolina

Q: what does it mean under status710-canceled?does this mean name is now avail??under trade mark listing

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

A: Trademark registrations are cancelled in most instances due to the failure of its owner to file with the USPTO a statement of continuing use. These maintenance filings are due in the fifth year after registration and in the ninth year to renew for another ten year term.

Just because a registration has been cancelled you cannot presume that it has been abandoned, but merely that its owner failed to file its statement of continuing use.

Before using a mark whose registration has been cancelled, you should be sure that it is no longer being used by the owner of the registration. One way to be assured would be to file an "intent to use" application and see if it is opposed. Consult a qualified trademark attorney to advise you further in this matter.

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