Asked in Copyright, Intellectual Property and Trademark for Tennessee

Q: What if the Status602 - Abandoned-Failure To Respond Or Late Response in a trademark was not mine can I obtain it?

What steps do I need to take?

1 Lawyer Answer
James L. Arrasmith
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A: Absolutely, if a trademark application has reached a status of "602 - Abandoned-Failure to Respond or Late Response," it means that the previous applicant has lost their rights to that trademark due to their failure to respond to a USPTO office action within the allotted time frame. However, abandonment doesn't automatically grant rights to another individual. You can certainly proceed to apply for the registration of the abandoned trademark, bearing in mind that the USPTO reviews each application on its individual merits, and previous concerns raised in the office action against the abandoned application may apply to your application as well. To take steps in this direction, initiate the process by filing a new application for the trademark through the USPTO’s online system, ensuring that you meet all the requirements for a complete application.

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