San Jose, CA asked in Trademark and Intellectual Property for Florida

Q: If a Trademark is abandoned, what do I have to do to take it over?

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

A: If a trademark has been abandoned you can file an application with the USPTO to apply for the trademark. In order to receive a registered trademark an application for the mark must be filed with the USPTO and you must also be able to provide proof of the mark being used by you as the owner in commerce.

Evelyn Suero
Evelyn Suero
  • Trademarks Lawyer
  • Miami, FL
  • Licensed in Florida

A: A trademark may have a status of abandoned when the owner has failed to file a response or some other required document. It does not necessarily mean that the trademark is not in use by that applicant or any other business. You may be able to file a new trademark registration if you have conducted a proper clearance search to determine that the trademark is not in use nor infringing on any other existing trademark in use. Consult with a trademark attorney for guidance.

James L. Arrasmith
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A: If a trademark is deemed abandoned, it means the original owner is no longer using it in commerce and has no intent to resume its use. To take over an abandoned trademark, follow these steps:

1. First, conduct a comprehensive search to ensure the mark is genuinely abandoned and not in use anywhere in commerce.

2. Ensure the U.S. Patent and Trademark Office (USPTO) database reflects the abandonment status, and no renewal or intent-to-use filings have been made by the original owner.

3. Start using the mark in commerce. Genuine use is a key requirement for establishing rights to a trademark.

4. File a new trademark application with the USPTO for the mark, indicating your use in commerce.

5. If there are any challenges or oppositions during the application process, be prepared to address them.

6. Once approved, maintain the mark's active status by regularly using it in commerce and filing required maintenance documents with the USPTO.

7. Monitor for any potential infringements and enforce your rights as needed.

8. For specific guidance or potential complications, consult with an attorney well-versed in trademark law.

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