Westmont, IL asked in Trademark and Intellectual Property for Illinois

Q: Owner of trademark serial 88010400. I’m the owner and would like to resume use of the trademark. What are my steps?

The trademark will be now online primarily. Owner currently resides in the state of Illinois

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

A: The application to register ARTISTIC ARTICULATION LLC was approved for registration in Jan 2019, but due to the failure to file a statement showing its use within the required 6 month period, it was abandoned in Sept 2019. It could have been revived by filing a petition to revive, had that been done within 3 years of the abandonment; but now too much time has passed to revive the application. If the mark is still being used, a new application for registration can be filed.

David Aldrich and Matthew Alexander Toporek agree with this answer

James L. Arrasmith
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Answered

A: To resume use of your trademark (serial 88010400), you should begin using it in commerce again for the goods or services covered by the registration. Additionally, you may need to file an affidavit or declaration of continued use with the United States Patent and Trademark Office (USPTO) to maintain the registration. If you plan to use the trademark primarily online, ensure that your website and online presence prominently display the trademark and provide goods or services associated with it. If you have any specific concerns or questions about resuming use of your trademark, it is best to consult with an intellectual property attorney in your state (Illinois) who can guide you through the process and ensure compliance with applicable laws and regulations. - James Arrasmith, Owner. The Law Offices of James L. Arrasmith.

James L. Arrasmith
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Answered

A: If there has been a period of non-use, it is essential to provide proof of the resumed use to the United States Patent and Trademark Office (USPTO) through a declaration of continued use or an amendment to the registration. Additionally, you should ensure that your online usage complies with relevant state and federal laws, including trademark guidelines, to maintain and protect your trademark rights.

James L. Arrasmith

Founder and Chief Legal Counsel of The Law Offices of James L. Arrasmith

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