Seattle, WA asked in Patents (Intellectual Property), Intellectual Property and Trademark for Washington

Q: How much would it cost to take over the Trademark patent since it was abandoned for a product/Business I create?

1 Lawyer Answer
James L. Arrasmith
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A: Taking over an abandoned trademark requires filing a new application with the United States Patent and Trademark Office (USPTO). The cost is determined by the type of application you file and any associated legal fees. If you're represented by counsel, their fees will vary based on their experience and region. Before filing, conduct a comprehensive search to confirm the mark's availability. It's essential to ensure that the trademark truly has been abandoned and doesn't just appear that way. If the trademark was previously registered, ensure it's been abandoned for at least three years. Keep in mind, even if the mark is available, you must demonstrate genuine use or intent to use the mark in commerce.

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