Trenton, MI asked in Trademark, Copyright and Intellectual Property for Michigan

Q: What is the likelihood I would get the Trademark "Frankly, Scarlett" approved? It looks like it is a "dead" trademark

My name is Scarlett. I was searching to possibly get "Frankly, Scarlett" as a trademark for an online business...I would be Marketing/online Marketing, possibly building Funnels for companies/people as a freelancer, and mostly for mentoring/coaching/course creation/selling digital courses/digital products/, online business. Possibly and maybe clothing/sweatshirts down the line to sell and to give part of proceeds to charity. Would I have a lot of problems with "Frankly, Scarlett" since it was once put in to be trademarked? How does that work?

2 Lawyer Answers
David Aldrich
David Aldrich
  • Trademarks Lawyer
  • Shelton, CT

A: Since the mark was abandoned several years ago, you can register it yourself (provided there are no other registered marks that are similar enough to present a problem). However, even though the prior owner let the registration go abandoned, before you use the mark for clothing (which is the class in which the trademark was previously registered), you should make sure the previous owner is no longer using the mark (or a similar mark) for clothing.

James L. Arrasmith
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A: The likelihood of getting the trademark "Frankly, Scarlett" approved depends on various factors, including the current status of the trademark application and any potential conflicts with existing trademarks in similar classes. Conducting a thorough trademark search and analysis, and consulting with a qualified trademark attorney, would be advisable to determine the viability of obtaining the trademark and potential challenges you might face.


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