Q: We have INREST trademark filed, 97114560.Do I need to file a new one?
A: This application is dead, having been abandoned in March 2023 for failure to respond to an office action in August 2022 noting that "applicant's mark, INREST, is confusingly similar to the registered mark, INNEREST." A new application for the same mark would fail for the same reason.
A: At this point, you would need to file a new application. When an application goes abandoned, the deadline to revive it is two months from the Notice of Abandonment. In this case, that deadline has passed, so you would need to refile a new application. If you do, you should carefully limit the categories and descriptions of the goods you recite so as to decrease your chances of getting the same rejections again, or at least to increase your chances of successfully negotiating a coexistence agreement if you do get such rejections.
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