Atlanta, GA asked in Trademark and Intellectual Property for Pennsylvania

Q: What if someone already has a business name trademarked but it seems as though the business is no longer active.

I'm wondering how I can see if this company's trademark can be considered abandoned if they're not active. The trademark for the business name Fused is taken but I've done a thorough search for this business and I can't find them anywhere on social media or online.

2 Lawyer Answers
James L. Arrasmith
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A: f a business name is already trademarked, it is essential to respect the rights of the trademark owner, even if the business appears to be inactive. Trademarks can still be valid and enforceable even if the business is not actively operating or visible online. To determine if the trademark is abandoned, you may need to conduct a more extensive search or consult with an intellectual property attorney who can assess the specific circumstances and provide guidance on potential legal implications for using a similar business name. - James Arrasmith, Owner. The Law Offices of James L. Arrasmith.

Lynn E. Roberts III agrees with this answer

Lynn E. Roberts III
Lynn E. Roberts III
  • Trademarks Lawyer
  • Philadelphia, PA
  • Licensed in Pennsylvania

A: I agree with James. It is also important to beware that a non-active mark in the USPTO database could still be in use by the original owner, despite the apparent lack of an online presence. Even if you can prove that the original owner has no intention of using it again, you still risk a variety of legal issues.

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