Boca Raton, FL asked in Trademark and Intellectual Property for Florida

Q: I need to know the status of the trademark for the triple goddess image. Triple moon image it seems as it is inactive

If the trademark has expired and is in active I would like to know the steps I need to take for putting this in my name and re-trade marking it

2 Lawyer Answers

A: For federal trademark registration status, you could search the records of the US Patent and Trademark Office (USPTO). The database is known as "TESS." For state trademark registration status, you would need to search the records for each state.

However, keep in mind that the US recognizes unregistered ("common law") trademark rights. So, the fact that something isn't currently registered as a trademark doesn't mean that nobody has trademark rights to it.

Also, determining the steps that YOU would need to take to register a specific trademark involves much more than merely figuring out its current registration status. For example, it involves analyzing such factors as what products or services you use it for, where you use it, whether it is confusingly similar to another trademark for similar products or services, etc.

If you are considering registering a trademark on your own, the USPTO website has a lot of information to help get you started. In fact, the USPTO used to offer a free course. You might want to check to see if that's still available.

Last, having a knowledgeable trademark attorney conduct a comprehensive analysis can help you avoid either infringing on someone else's rights or wasting your money on an application that won't likely be approved.

Good luck!

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

A: The cancellation of a federal registration may be due to the owner's failure to file the periodically required specimens to prove the mark is still in use. But if indeed the mark is still being used by its owner, that would be grounds for opposing your registration of the mark.

You should consult with an experienced trademark attorney to advise what options there are based on the specific facts regarding usage of the mark.

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