Fort Myers, FL asked in Trademark and Intellectual Property for Florida

Q: if a trademark shows abandoned, can & how do I trademark it

3 Lawyer Answers
Felicia Altman
Felicia Altman
  • Trademarks Lawyer
  • Mercer Island, WA

A: If a trademark is Abandoned any person may file for the abandoned mark with the USPTO in the same or similar goods and services. In order to file for the trademark you must prepare and file an application with the USPTO. In order to file an appropriate application it is best to consult a trademark specialist. Before a trademark can be officially registered you must be able to show the mark in use in commerce.

T. Augustus Claus
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A: To trademark an abandoned mark in Florida:

1. Conduct a trademark search to ensure no conflicts.

2. Verify eligibility to register the mark.

3. File a new trademark application with the USPTO.

4. Respond to any office actions promptly.

5. Obtain trademark registration if approved.

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›

A: If a trademark is marked as abandoned, it generally means that the previous owner has not maintained it or the application was not completed. You can potentially apply for the same trademark for your goods or services if it's appropriate for your business, by filing an application with the United States Patent and Trademark Office (USPTO) and meeting all necessary legal requirements. It's advisable to conduct a thorough search to ensure that the mark is not still in use in commerce, and consulting with an attorney experienced in trademark law could assist you in navigating the application process.


James L. Arrasmith

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

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